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- Point in Time (29/03/2021)
- Original (As made)
Version Superseded: 09/12/2021
Point in time view as at 29/03/2021. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, Section 9.
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9.—(1) Paragraphs (2) to (4) apply in any case where an individual (a “self-isolating agency worker”)—
(a)is subject to a requirement to self-isolate in accordance with [F1regulation 2A or 2B] of these Regulations or regulation 4 of the International Travel Regulations,
(b)is supplied, or is to be supplied, by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal, and
(c)is not—
(i)as respects that work, a worker, because of the absence of a worker's contract between the individual and the agent or the principal, or
(ii)a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.
(2) Where a self-isolating agency worker is—
(a)aware of the requirement to self-isolate, and
(b)due to work or undertake any other activities related to the self-isolating agency worker's employment during the isolation period, other than at the designated place,
the self-isolating agency worker must notify the agent, the principal or the self-isolating agency worker's employer (where that person is not the agent or a principal) [F2(“the relevant person”)] of the requirement to self-isolate and the start and end dates of the isolation period.
(3) The self-isolating agency worker must provide the notification required by paragraph (2)—
(a)as soon as reasonably practicable, and
(b)in any event, before the self-isolating agency worker is next due to start work within the isolation period.
[F3(3A) But an agency worker is not required to provide the notification required by paragraph (2) if the agency worker ceases to be subject to the requirement to self-isolate in regulation 2A or 2B (otherwise than by virtue of regulation 2D(2)) before the agency worker is next due to start work during what would have been the isolation period.
(3B) An agency worker to whom paragraph (3C) applies must notify the relevant person that—
(a)they are participating in the relevant testing scheme, and
(b)the requirement to self-isolate in accordance with regulation 2B does not apply to them whilst they are participating in that scheme.
(3C) This paragraph applies to an agency worker who was required to provide a notification under paragraph (1) and who—
(a)agrees to participate in a relevant testing scheme, and
(b)after that agreement is given, is due to work or undertake any other activities related to the self-isolating agency worker’s employment during what would have been the isolation period, other than at the relevant place.
(3D) The agency worker must provide the notification required by paragraph (3B)—
(a)as soon as reasonably practicable, and
(b)in any event, before the worker is next due to start work after they agree to participate in the testing scheme.
(3E) An agency worker to whom paragraph (3F) applies must notify the relevant person if regulation 2D(2) ceases to apply to them before the end of the period of self-isolation.
(3F) This paragraph applies to an agency worker who—
(a)is, or was, participating in a relevant testing scheme, and
(b)is due to work or undertake any other activities related to the agency worker’s employment during the isolation period, other than at the designated place.
(3G) The agency worker must provide the notification required by paragraph (3E)—
(a)as soon as is reasonably practicable, and
(b)in any event, before the worker is next due to start work after regulation 2D(2) ceases to apply to them.]
(4) Where a person receives a notification under paragraph (2) [F4, (3B) or (3E)], the person must, as soon as reasonably practicable, supply the information contained in the notification—
(a)if the recipient is the agent, to the self-isolating agency worker's employer (where that person is not the agent or a principal) and to any principals to whom the self-isolating agency worker is, or is to be, supplied during the isolation period;
(b)if the recipient is a principal, to the self-isolating agency worker's employer (where that person is not the agent or a principal) and to the agent, and
(c)if the recipient is the self-isolating agency worker's employer (where that person is not the agent or a principal), to the agent and any principals to whom the self-isolating agency worker is, or is to be, supplied during the isolation period.
(5) Paragraph (6) applies where—
(a)a self-isolating worker is supplied, or is to be supplied, by an agent to do work for a principal under a contract or other arrangements made between the agent and the principal,
(b)the agent is the worker's employer, and
(c)the worker notifies the agent in accordance with regulation 8(1) [F5, (4) or (7)].
(6) The agent referred to in paragraph (5) must, as soon as reasonably practicable, supply the information contained in the notification to any principals to whom the worker is, or is to be, supplied during the isolation period.
[F6(7) For the purposes of paragraph (4) “self-isolating agency worker” includes an agency worker to whom paragraph (3C) applies.
(8) For the purposes of paragraph (5) “self-isolating worker” includes a worker to whom regulation 8(5) applies.
(9) In this regulation—
“relevant place”, in relation to an agency worker, means the place at which the agency worker would self-isolate in accordance with the requirement to self-isolate in regulation 2B, if that requirement applied to the agency worker;
“relevant testing scheme” means a testing scheme which is not being provided by or on behalf of the agency worker’s employer.]
Textual Amendments
F1Words in reg. 9(1)(a) substituted (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 8 para. 16(2) (with reg. 21)
F2Words in reg. 9(2) inserted (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 8 para. 16(3) (with reg. 21)
F3Reg. 9(3A)-(3G) inserted (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 8 para. 16(4) (with reg. 21)
F4Words in reg. 9(4) inserted (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 8 para. 16(5) (with reg. 21)
F5Words in reg. 9(5)(c) inserted (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 8 para. 16(6) (with reg. 21)
F6Reg. 9(7)-(9) inserted (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 8 para. 16(7) (with reg. 21)
Commencement Information
I1Reg. 9 in force at 28.9.2020, see reg. 1(2)
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