Insertion of regulation 3B E+W

5.  After regulation 3A (requirement to possess notification of negative test result) insert—

“Requirement to book and undertake tests

3B.— (1) This regulation applies to a person (“P”) who—

(a) is required to self-isolate under regulation 4 (requirement to self-isolate) or Schedule B1A (additional measures), or

(b) subject to paragraph 13 (exclusion for certain diplomatic etc. personnel) of Schedule 2C, is not required to self-isolate under regulation 4 only by virtue of any of the following provisions of Schedule 2—

(i) paragraph 13(1)(c) (persons returning to facilitate diplomatic mission etc.);

(ii) paragraphs 17 to 27 (essential infrastructure etc. personnel);

(iii) paragraphs 31 to 34 (medical etc. personnel);

(iv) paragraphs 35 to 36 (telecoms etc. personnel).

(2) Where P is an adult, P must on their arrival in England possess a testing package—

(a) for themselves, and

(b) for any child age 5 or older with whom they are travelling and for whom they have responsibility.

(3) Where P is an adult who arrives in England without possessing a testing package required under paragraph (2), P must as soon as practicable obtain such a testing package.

(4) Where P is a child age 5 or older and who is unaccompanied by an adult who has responsibility for P, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(5) Subject to paragraph (6), where P—

(a) is an adult, they must undertake the tests in accordance with their testing package;

(b) is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(6) Where P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(7) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 6(1C)(b)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(8) Where a replacement test is undertaken instead of—

(a) a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b) a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(9) Schedule 2C makes further provision about day 2 and day 8 tests (including the consequences of testing).

(10) A person who possesses a testing package must provide evidence of it if requested by an immigration officer.

(11) In this regulation—

(a) “day 2 test” means a test which complies with paragraph 6 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(b) “day 8 test” means a test which complies with paragraph 8 of Schedule 2C and is undertaken in the circumstances described in paragraph 10 of that Schedule;

(c) “testing package” means a booking for a day 2 test and a day 8 test where both tests are provided, or arranged to be provided, by the same test provider.”.

Commencement Information

I1 Reg. 5 in force at 15.2.2021 at 4.00 a.m., see reg. 1(1)