The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021

Insertion of new regulations

5.  After regulation 3B(1) insert—

“Requirement to undertake workforce tests

3C.— (1) This regulation applies to a person (“P”), specified in regulation 3AA(3).

(2) Subject to paragraph (7), P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test.

(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 6(1D)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.

(4) Where a replacement workforce test is undertaken instead of—

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

(b) a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;

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

(5) Schedule 2D makes further provision about workforce tests (including the consequences of testing).

(6) In these Regulations—

(a) “a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;

(b) “a workforce test” means a test which is provided or administered under the National Health Service Act 2006(2);

(c) “a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in England;

(d) “a workforce test undertaken for day 5” means a workforce test which—

(i) is undertaken after a workforce test for day 2,

(ii) is undertaken no earlier than the end of the second day after the day on which P arrived in England, and

(iii) is undertaken before the end of the fifth day after the day on which P arrived in England;

(e) “a workforce test undertaken for day 8” means a workforce test which—

(i) is undertaken after a workforce test undertaken for day 5,

(ii) is undertaken no earlier than the end of the fourth day after the day on which P arrived in England, and

(iii) is undertaken before the end of the eighth day after the day on which P arrived in England.

(7) For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.

(8) P is a “recurring work traveller” where—

(a) P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and

(b) P does not fall within the description in paragraph 6 of Schedule 2 (road haulage workers).

(9) Where this paragraph applies, P must undertake a workforce test—

(a) on or before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and

(b) subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.

Test requirements: offshore installation workers

3D.— (1) This regulation applies to a person (“P”) to whom regulation 3AA(4) applies.

(2) P must undertake a day 2 test after arriving in England but before P departs to the offshore installation.

(3) If P intends to depart to the offshore installation before P has received the result of the day 2 test undertaken pursuant to paragraph (2), P must also take a workforce test before P departs to the offshore installation.

(4) If a workforce test undertaken pursuant to paragraph (3) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until P has received the result of the day 2 test undertaken pursuant to paragraph (2).

(5) If the day 2 test undertaken pursuant to paragraph (2) generates a positive result P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(6) If the day 2 test undertaken pursuant to paragraph (2) generates a negative result, from the time that P is notified of that result, P is no longer subject to any requirement to self-isolate by virtue of paragraph (4).

(7) Subject to paragraph (8), while P is on an offshore installation, P must undertake a workforce test before the end of the third day following the day P arrives on the installation and then within each successive 3 day period within 3 days of the test most recently taken.

(8) P is not required to undertake any workforce test after the 10th day after the day P arrived in England.

(9) If a workforce test undertaken pursuant to paragraph (7) generates a positive result, P must—

(a) undertake a day 2 test as soon as reasonably practicable; and

(b) self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the earlier of—

(i) the time P is notified of the result of the day 2 test undertaken pursuant to sub-paragraph (a), or

(ii) the end of the 10th day after the day P arrived in England.

(10) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the 10th day after the day P undertook that test.

(11) If a day 2 test undertaken pursuant to paragraph (9)(a) generates a negative result, from the time that P is notified of that result, this regulation applies to P as if the workforce test undertaken pursuant to paragraph (7) had generated a negative result (and accordingly P is no longer subject to any requirement to self-isolate by virtue of paragraph (9)(b)).

(12) If P returns to England from the offshore installation on or before the 8th day after the day P arrived in England, P must undertake a day 8 test on, or as soon as reasonably practicable after, the 8th day after P the day arrived in England.

(13) If the day 8 test undertaken pursuant to paragraph (12) generates a positive result, P must self-isolate in accordance with regulation 2 of the Self-Isolation Regulations until the end of the 10th day after P undertook that test.

(14) In this regulation—

“day 2 test” has the same meaning as in regulation 3B(11)(a);

“day 8 test” has the same meaning as in regulation 3B(11)(b);

“offshore installation” has the same meaning as in paragraph 24 of Schedule 2;

“the Self-Isolation Regulations” has the same meaning as in Schedule 2C;

“workforce test” has the same meaning as in Schedule 2D.”.

(1)

Regulation 3B was inserted by S.I. 2021/150.

(2)

2006 c. 41.