The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Requirement to book and undertake tests E+W

6.—(1) This regulation applies to a person (“P”) specified in paragraph (1) of regulation 5 (requirements relating to tests) [F1 (other than a person specified in paragraph (6) of that regulation)].

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) for themselves; and

(b) [F3 if P arrives in England from a category 3 country or territory,] for any child aged 5 or older with whom they are travelling and for whom they have responsibility.

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

(5) Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives in England [F4 from a category 3 country or territory] without possessing a testing package, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.

(6) Subject to paragraph (7), where P [F5 is in England and]—

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

(b) is a child [F6 who arrives from a category 3 country or territory], an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

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

(8) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(c) and (4)), 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.

(9) 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.

(10) Schedule 8 (mandatory testing after arrival in England) makes further provision about day 2 and day 8 tests (including the consequences of testing).

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

(12) In this regulation—

(a) “day 2 test” means a test for coronavirus which complies with paragraph 6 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;

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

(c) “testing package” means—

(i) where P is a person falling within regulation 5(1)(a) (arrivals from category 1 countries or territories F7 ...), a booking for a day 2 test,

[F8 (ii) where P is a person falling within regulation 5(1)(b) to (e) (arrivals from category 2 and 3 countries or territories), a booking for a day 2 test and a day 8 test.]

Textual Amendments

F1 Words in reg. 6(1) substituted (8.6.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/670), regs. 1(2), 4(a) (with reg. 10)

F2 Reg. 6(2) omitted (8.6.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/670), regs. 1(2), 4(b) (with reg. 10)

F3 Words in reg. 6(3)(b) inserted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1289), regs. 1(2), 12(a) (with reg. 23)

F4 Words in reg. 6(5) inserted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1289), regs. 1(2), 12(b) (with reg. 23)

F5 Words in reg. 6(6) inserted (8.6.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/670), regs. 1(2), 4(c) (with reg. 10)

F6 Words in reg. 6(6)(b) inserted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1289), regs. 1(2), 12(c) (with reg. 23)

F7 Words in reg. 6(12)(c)(i) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 10

F8 Reg. 6(12)(c)(ii) substituted (8.6.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/670), regs. 1(2), 4(d) (with reg. 10)

Commencement Information

I1 Reg. 6 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)