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[F1PART 2BE+WMandatory testing requirements

Textual Amendments

Requirement to arrange tests before arriving in WalesE+W

6B.—(1) [F2Subject to paragraph (1A),] this regulation and regulation 6C apply to a person (“P”) aged 5 or over who is subject to an isolation requirement under regulation 7 (requirement to isolate: arrivals from outside the United Kingdom) or 8 (requirement to isolate: arrivals from another part of the United Kingdom).

[F3(1A) This regulation and regulation 6C do not apply where regulation 6K (workforce testing) [F4or regulation 12E(2)(f)] applies.]

(2) In this Part—

(a)a “day 2 test” is a test complying with paragraph 1 of Schedule 1C;

(b)a “day 8 test” is a test complying with paragraph 2 of Schedule 1C;

(c)a “public test provider” is a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006, the National Health Services Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972.

(3) Before arriving in Wales, P must arrange with a public test provider to take—

(a)a day 2 test, and

(b)a day 8 test,

after P’s arrival in Wales.

(4) But P is not required to comply with paragraph (3) if another person has arranged the tests on P’s behalf before P’s arrival in Wales.

(5) Where P is a child who arrives in Wales with a person (“R”) who has responsibility for P—

(a)(unless paragraph (4) applies to P) R must arrange tests in accordance with paragraph (3) on behalf of P, and

(b)P is not required to comply with paragraph (3).

(6) A test is not to be treated as having been arranged in accordance with this regulation unless—

(a)the person arranging the test notified the public test provider that the tests were being arranged for the purposes of this regulation, and

(b)the information specified in Schedule 1B was provided to the public test provider in relation to P.

(7) When the tests are arranged, the public test provider must provide a test reference number—

(a)to P, and

(b)to any person who arranges tests on P’s behalf.

(8) If requested by an immigration officer [F5or a constable] to do so, P, or R if P is a child, must provide the officer [F6or constable] with the test reference number or other evidence that the tests have been arranged on P’s behalf.

Textual Amendments

Requirement to take testsE+W

6C.—(1) Upon arrival in Wales, P must take—

(a)a day 2 test, administered by a public test provider, no later than the end of the second day after the day on which P arrives in Wales, and

(b)a day 8 test, administered by a public test provider, no earlier than the end of the seventh day after the day on which P arrives in Wales.

(2) But paragraph (1)(b) does not apply where P’s day 2 test generates a positive result.

(3) Where P is a child, any person who has responsibility for P must, so far as reasonably practicable, ensure that P complies with paragraph (1).

(4) Where P does not take a day 2 test as required by this regulation by reason of having a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, take a replacement test that complies with the requirements for a day 2 test.

(5) Where a replacement test is taken instead of a day 2 test, P is to be treated as if P had taken a day 2 test in accordance with this regulation.

Requirement to isolate on failure to take testsE+W

6D.—(1) This regulation applies where a person (“P”)—

(a)fails to take a day 2 test in accordance with regulation 6C(1)(a) and fails to take a day 8 test in accordance with regulation 6C(1)(b), or

(b)takes a day 2 test in accordance with regulation 6C(1)(a) (which is negative or inconclusive) but fails to take a day 8 test in accordance with regulation 6C(1)(b).

(2) The last day of P’s isolation under regulation 7 or 8 is the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

(3) But where P takes a test to which paragraph (4) applies and—

(a)the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6C;

(b)the result is negative, regulation 6G applies as if—

(i)P had taken a day 2 test and a day 8 test in accordance with regulation 6C(1), and

(ii)both tests were negative.

(4) This paragraph applies to a day 8 test that is taken—

(a)before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but

(b)[F7not before] the end of the seventh day after the day on which P arrives in Wales.

Textual Amendments

Consequences of positive test resultE+W

6E.  Where a test taken by a person (“P”) in accordance with regulation 6C is positive—

(a)regulation 10(3) (isolation requirement ceasing to apply to P when P leaves Wales) and, subject to regulation 6I, regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 do not apply in relation to P, and

(b)the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

Consequences of positive result for person residing in same premisesE+W

6F.—(1) This regulation applies where a test taken by a person (“P”) in accordance with regulation 6C is positive and P resides with another person (“A”)—

(a)who is under a requirement to isolate under regulation 7 or 8, and

(b)whose last day of isolation period would, if it were not for this regulation, be determined in accordance with regulation 12.

(2) The last day of A’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of A’s isolation).

(3) But this does not apply where—

(a)the positive test referred to in paragraph (1)(b) is a day 8 test taken by P in accordance with regulation 6C(1)(b), and

(b)A received a positive result to a day 2 test that A took in accordance with regulation 6C(1)(a).

Consequences of not receiving result of day 8 test before end of isolation periodE+W

6G.—(1) This regulation applies where a person (“P”)—

(a)takes a day 2 test and a day 8 test in accordance with regulation 6C(1),

(b)receives a negative result to the day 2 test, and

(c)has not received a result to the day 8 test before the end of the last day of P’s isolation under regulation 7 or 8 (as determined under regulation 12).

(2) If the result of P’s day 8 test is negative, the last day of P’s isolation under regulation 7 or 8 is the day on which P receives the result of the day 8 test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

[F8(3) Except where paragraph (2) applies, the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).]

Textual Amendments

Consequences of receiving inconclusive test resultE+W

6H.—(1) Where the result of a test taken by a person (“P”) in accordance with regulation 6C is inconclusive, the last day of P’s isolation under regulation 7 or 8 is determined in accordance with paragraph (2) (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

(2) The last day of P’s isolation is—

(a)the last day of the period of 10 days beginning with the day P took the test, or

(b)where P takes a test to which paragraph (4) applies and the result of the test is negative, the later of—

(i)the last day of the period of 10 days beginning with the day after the day on which P was last in a non-exempt country or territory, or

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

(c)where P takes a test to which paragraph (4) applies and the result of the test is positive, the last day of the period of 10 days beginning with the day P took the test.

(3) Where paragraph (2)(c) applies, P is not required to take a day 8 test in accordance with regulation 6C.

(4) This paragraph applies to—

(a)a day 8 test taken in accordance with regulation 6C(1)(b);

(b)a day 8 test that is taken—

(i)before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but

(ii)before F9... the end of the seventh day after the day on which P arrives in Wales.

Textual Amendments

Tests other than in accordance with these RegulationsE+W

6I.—(1) This regulation applies where—

(a)P takes a day 2 test which is negative,

(b)while P is isolating in accordance with regulation 7 or 8, P subsequently takes a test other than in accordance with these Regulations, and

(c)P is notified that the test is positive.

(2) P ceases to be required to isolate in accordance with these Regulations, and regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 applies in relation to P.

Charge for testsE+W

6J.—(1) The Welsh Ministers or a person designated by the Welsh Ministers may impose a charge in respect of day 2 tests or day 8 tests.

(2) The Welsh Ministers—

(a)must publish details of the charges in a way they consider to be appropriate, and

(b)may recover any sum owed by a person pursuant to a charge as a debt.]

[F10Workforce testingE+W

6K.—(1) This regulation applies to a person (“P”), specified in paragraph 6 of Schedule 2 [F11or regulation 12E(2)(g)].

(2) 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, 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 (Wales) Act 2006;

(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 Wales;

(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 Wales, and

(iii)is undertaken before the end of the fifth day after the day on which P arrived in Wales;

(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 Wales, and

(iii)is undertaken before the end of the eighth day after the day on which P arrived in Wales.]

Textual Amendments