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

Consequences of test results E+W

3.—(1)  [F1 Where P is a person described in regulation 5(1)(b) or (c) and] a mandatory test undertaken by P in accordance with regulation 6 generates a positive result—

(a) the following do not apply in relation to P—

(i) regulation 9(11)(a) or, as the case may be, paragraph 13(1)(a) of Schedule 11 (leaving self-isolation to travel in order to leave England), [F2 and]

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) P and, subject to sub-paragraph (3), any person who is self-isolating with P must continue to self-isolate in accordance with the relevant self-isolation provisions until the end of the 10th day after the day P undertook the test.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (2A) Where P is required to self-isolate under this paragraph, P must, on request by a relevant person, notify the relevant person of the name of each person living in the same household as P.

(2B) In sub-paragraph (2A), “relevant person” means—

(a) the Secretary of State;

(b) a person who is employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006) in communicable disease control; or

(c) a person employed or engaged by a local authority, including a county council, in communicable disease control,]

(3) Where a person (“B”) is self-isolating with P pursuant to the relevant self-isolation provisions, the requirement to self-isolate under sub-paragraph (1)(b) does not apply to B where—

(a) the test referred to in sub-paragraph (1) is P's day 8 test; and

(b) B undertook a day 2 test that generated a positive result.

(4) [F6 Where P is a person described in regulation 5(1)(b) or (c) and] P's day 2 test and day 8 test both generate a negative result, P must continue to self-isolate in accordance with the relevant self-isolation provisions until the later of—

(a) the end of the default self-isolation period;

(b) the day on which P receives the result of their day 8 test.

(5) Where [F7 P is a person described in regulation 5(1)(b) or (c) and] a mandatory test undertaken by P generates an inconclusive result P must continue to self-isolate in accordance with the relevant self-isolation provisions—

(a) until the end of the 10th day after the day P undertook the test;

(b) where P undertakes a test to which sub-paragraph (7) applies and the test generates a negative result, until the later of—

(i) the end of the default self-isolation period,

(ii) the day on which P receives the negative result; or

(c) where P undertakes a test to which sub-paragraph (7) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(6) Where sub-paragraph (5)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 6.

F8 (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This sub-paragraph applies to—

(a) a day 8 test;

(b) a test—

(i) complying with the requirements for a day 8 test specified in [F10 paragraph 8],

(ii) undertaken in the circumstances specified in paragraph 10 (other than the circumstances in paragraph 10(2) about when a test must be undertaken), and

(iii) undertaken during the period specified in sub-paragraph (5)(a).

[F11 (8) Where P is required to self-isolate in accordance with regulation 9 under this paragraph, regulation 9(11)(a) (departing from England) does not apply to P.]

Textual Amendments

F1 Words in Sch. 8 para. 3(1) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 30(4)(a)(i) (with reg. 37(1)(2))

F2 Word in Sch. 8 para. 3(1)(a)(i) inserted (24.2.2022) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/168), regs. 1(2), 8(c)(i)(aa) (with reg. 11)

F3 Sch. 8 para. 3(1)(a)(ii) omitted (24.2.2022) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/168), regs. 1(2), 8(c)(i)(bb) (with reg. 11)

F4 Sch. 8 para. 3(2) omitted (24.2.2022) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/168), regs. 1(2), 8(c)(ii) (with reg. 11)

F5 Sch. 8 para. 3(2A)(2B) substituted for Sch. 8 para. 3(2A) (24.2.2022) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/168), regs. 1(2), 8(c)(iii) (with reg. 11)

F6 Words in Sch. 8 para. 3(4) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 30(4)(c) (with reg. 37(1)(2))

F7 Words in Sch. 8 para. 3(5) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 30(4)(d) (with reg. 37(1)(2))

F8 Sch. 8 para. 3(6A) omitted (24.2.2022) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/168), regs. 1(2), 8(c)(ii) (with reg. 11)

F9 Sch. 8 para. 3(6B) omitted (24.2.2022) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/168), regs. 1(2), 8(c)(ii) (with reg. 11)

F10 Words in Sch. 8 para. 3(7)(b)(i) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 30(4)(f) (with reg. 37(1)(2))

F11 Sch. 8 para. 3(8) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2), 30(4)(g) (with reg. 37(1)(2))

Commencement Information

I1 Sch. 8 para. 3 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)