The Health Protection (Coronavirus, International Travel from China) (England) Regulations 2023

Pre-departure test criteria E+W

4.—(1) For the purposes of regulation 3(4), a test complies with this regulation if—

(a) it is undertaken using a device which the manufacturer states has—

(i) a sensitivity of at least 80%,

(ii) a specificity of at least 97%, and

(iii) a limit detection of less than or equal to 100,000 SARS-CoV-2 copies per millimetre,

(b) it is not provided or administered by a public provider, and

(c) the test sample is taken from the person no more than two days before the person’s deemed time of departure.

(2) In this regulation,

“deemed time of departure” means—

(a)

in relation to a person travelling on a commercial flight—

(i)

the flight’s scheduled departure time, if the person is arriving in England on a flight from mainland China within the meaning of regulation 2(3)(a)(i);

(ii)

the scheduled time of departure of the flight that departs from mainland China, if the person is arriving in England on a flight from mainland China within the meaning of regulation 2(3)(a)(ii);

(b)

in any other case, the actual time of departure of the aircraft on which the person is travelling to England.

“public provider” means a test provider who provides or administers a test under the National Health Service Act 2006(1), the National Health Service (Wales) Act 2006(2), the National Health Service (Scotland) Act 1978(3), or the Health and Personal Social Services (Northern Ireland) Order 1972(4).

Commencement Information

I1 Reg. 4 in force at 5.1.2023 at 4.00 a.m., see reg. 1(2)

(1)

2006 c. 41.

(2)

2006 c. 42.

(3)

1978 c. 29.

(4)

S.I. 1972/1265 (N.I. 14).