5. After regulation 3B(1) insert—
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.
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.”.
Regulation 3B was inserted by S.I. 2021/150.