- Latest available (Revised)
- Point in Time (04/10/2021)
- Original (As made)
Version Superseded: 12/11/2021
Point in time view as at 04/10/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021, Paragraph 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) For the purposes of paragraph 6(1)(b)(iii), a private provider complies with this paragraph where—
(a)they comply with the requirements of paragraph 3(1)(a) and (e) to (h) of Schedule 10 as if any reference in those provisions to an appropriate test were a reference to a day 2 test;
(b)if the provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;
(c)they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;
(d)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;
(e)the laboratory used by the test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genomic sequencing of samples;
(f)they receive the information required by paragraph 10(3) or (4) (as appropriate), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in England;
(g)each day, they notify the Secretary of State in writing of—
(i)the number of tests they sold on that day, and
(ii)in relation to each test sold on that day—
(aa)the date of the arrival in England of the person in respect of whom the test was sold, F1...
F2(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(cc)[F3whether the person in respect of whom the test was sold is an eligible [F4traveller] or not;][F5and
(dd)the test reference number given to P in accordance with sub-paragraph (5) of paragraph 10 (required circumstances for undertaking a day 2 test or a day 8 test)];
(h)they sequence each sample with a cycle threshold less than 30 (equivalent to ~1,000 viral genome copies per millilitre);
[F6(ha)where—
(i)a sample is to be sequenced in accordance with paragraph (h), and
(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),
they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]
(i)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;
(j)on a request by the Secretary of State or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;
(k)they preserve and transport samples in a manner that enables genome sequencing;
(l)they have in place a process to remove human reads from any data submitted in a notification to [F7the United Kingdom Health Security Agency] pursuant to the Health Protection (Notification) Regulations 2010; and
(m)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—
(i)paragraph 3(1)(e) to (h) of Schedule 10 as applied by paragraph (a) of this sub-paragraph,
(ii)paragraph (c) to (l) of this sub-paragraph,
(iii)paragraph 11(2), (3) and (4).
(2) For the purposes of sub-paragraph (1)(m), “single end-to-end testing service” has the meaning given in paragraph 3(2)(c) of Schedule 10.
(3) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of regulation 6 of the Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2020 as if—
(a)a reference to an applicable test were a reference to a day 2 test;
(b)a reference to a test provider were a reference to a private provider [F8;]
[F9(c)in paragraph (1), the words from “and make a declaration” to “25th November 2020” were omitted.]
Textual Amendments
F1Word in Sch. 8 para. 7(1)(g)(ii) omitted (19.7.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 18(a) (with reg. 23)
F2Sch. 8 para. 7(1)(g)(ii)(bb) 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), 23(5)(a)
F3Sch. 8 para. 7(1)(g)(ii)(cc) and word inserted (19.7.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/865), regs. 1(2), 18(a) (with reg. 23)
F4Word in Sch. 8 para. 7(1)(g)(ii)(cc) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/1107), regs. 1(2), 23(5)(b)
F5Sch. 8 para. 7(1)(g)(ii)(dd) and word inserted (23.8.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/914), regs. 1(3), 9(3)(b) (with reg. 12(b))
F6Sch. 8 para. 7(1)(ha) inserted (22.9.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/1066), regs. 1(2), 14(3)
F7Words in Sch. 8 para. 7(1)(l) substituted (1.10.2021) by The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021 (S.I. 2021/974), regs. 1(1), 8(2)
F8Sch. 8 para. 7(3): semicolon substituted for full stop (29.6.2021) by virtue of The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment) Regulations 2021 (S.I. 2021/682), regs. 1(1), 3(2)(a)
F9Sch. 8 para. 7(3)(c) inserted (29.6.2021) by The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment) Regulations 2021 (S.I. 2021/682), regs. 1(1), 3(2)(b)
Commencement Information
I1Sch. 8 para. 7 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: