The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment) Regulations (Northern Ireland) 2022

Modification of requirement for eligible non-red list arrival to book and undertake day 2 test

6.—(1) Schedule 6 (requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)) is amended as follows.

(2) In paragraph 1(1)—

(a) omit the definitions of—

(i) “approved private provider”,

(ii) “approved private test”, and

(iii) “default isolation period”,

(b) insert in the appropriate place in alphabetical order—

“”private provider” means a test provider other than a public provider”,

(c)

in the definition of “relevant isolation provisions”, in paragraph (a), at the end insert “, but as if the person was a non-eligible non-red list arrival”.

(3) After paragraph 1(1) insert—

“(1A) For the purposes of this Schedule, —

(a) a LFD test is a test which satisfies the requirements of paragraph 7A(2) of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021(1) (general requirements for lateral flow tests),

(b) a PCR test is a test which satisfies the requirements of paragraph 6(2) of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (general requirements for polymerase chain reaction tests).”.

(4) In paragraph 3(3) for “P must remain in isolation” substitute “P must enter into and remain in isolation”,

(5) In paragraph 4(4)(a) and 4(5)(b)(i) for “default isolation period” substitute “the 10th day after the day on which P arrived in the common travel area”.

(6) In paragraph 5—

(a) in sub-paragraph (2)(a) for “P must remain in isolation” substitute “P must enter into and remain in isolation”,

(b) in sub-paragraphs (4) and (4A) for “P must remain in isolation” substitute “P must enter into and remain in isolation, in accordance with the relevant isolation provisions”,

(c) after sub-paragraph (5) insert—

“(6) Where P is obliged to enter into and remain in isolation under sub-paragraphs (4) or (4A), P may not leave Northern Ireland during this time, and accordingly, regulation 11(4)(a) (as applied by paragraph 11) does not apply.”.

(7) After paragraph 5, insert—

“Confirmatory PCR test for eligible non-red list arrivals following the original day 2 LFD test result

5A.— (1) This paragraph applies in respect of eligible non-red list arrivals who have undertaken a day 2 test which is a LFD test, and which has generated—

(a) a positive result, or

(b) an inconclusive result.

(2) Where the mandatory test has generated a positive result, P must undertake a confirmatory PCR test.

(3) Where the mandatory test has generated an inconclusive result, P may undertake a confirmatory PCR test.

(4) Where the confirmatory PCR test generates a negative result, P is no longer required to remain in isolation, and accordingly—

(a) paragraph 5(2) (in a case where the original result was positive),

(b) paragraph 5(4) (in a case where the original result was inconclusive),

cease to apply in respect of P.

(5) Where the confirmatory PCR test generates a positive result, P must remain in isolation in accordance with—

(a) paragraph 5(2) (in a case where the original result was positive),

(b) paragraph 5(4) (in a case where the original result was inconclusive),

(6) Where the confirmatory PCR test generates an inconclusive result, P must remain in isolation in accordance with—

(a) paragraph 5(2) (in a case where the original result was positive),

(b) paragraph 5(4) (in a case where the original result was inconclusive).”.

(8) For paragraph 6, substitute—

“Day 2 tests: general requirements

6.— (1) For the purposes of regulation 8(11), a day 2 test complies with this paragraph where—

(a) it is a test provided by—

(i) a public provider, or

(ii) a private provider, and

(b) it is a PCR test, or in the case of an eligible non-red list arrival, a LFD test.

(2) Where a LFD test may only be provided by a private provider, sub-paragraph (1) is not satisfied unless the requirements of paragraph 7B of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (private provider requirements for LFD tests) have been complied with.

(3) Where a PCR test has been provided by a private provider, sub-paragraph (1) is not satisfied unless the requirements of paragraph 7 of Schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (private provider requirements for PCR tests) have been complied with.”.

(9) In paragraph 7(b) for “an approved test provided by an approved private provider” substitute “a test provided by a private provider”.

(10) In paragraph 8—

(a) in sub-paragraph (3), for “paragraph (4)” substitute “sub-paragraph (4)”,

(b) in sub-paragraph (3)(c)(i) for “they intend to self-isolate, or are self-isolating, in accordance with regulations 10 to 13” substitute “they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom”,

(c) after subparagraph (3) insert—

“(3C) Subject to subparagraph (4), where—

(a) P’s day 2 test is a LFD test, and

(b) the test has not been administered—

(i) by the test provider, or

(ii) at a site operated for the purpose of administering such tests by or on behalf of the test provider,

P provides the test provider with the information set out sub-paragraph (3D) within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use.

(3D) The information to be provided where a day 2 LFD test is undertaken in the circumstances of the test’s read time as described in sub-paragraph (3C) is—

(a) a single photograph clearly showing—

(i) the test device in such a way that it is identifiable as having been provided by the test provider,

(ii) the test reference number given in accordance with paragraph 8(5), and

(iii) the test result, and

(b) the address at which P is able to receive a confirmatory PCR test.”.

(11) In paragraph 9—

(a) for the heading substitute “Notification of test results: PCR tests”,

(b) in subparagraph (1)—

(i) for “an approved private provider” substitute “a private provider”,

(ii) after “test” insert “, other than a day 2 LFD test,”,

(c) in subparagraph (2) omit “approved”.

(12) After paragraph 9 insert—

“Notification of test results: lateral flow device tests

9A.— (1) This paragraph applies to a private provider who administers or provides a day 2 LFD test to P in the circumstances described in paragraph 8.

(2) The private provider must, within 24 hours of the relevant event—

(a) notify P or, where paragraph 8(4) applies, Y by email, letter, or text message, of the result of P’s test, or

(b) make P’s test result available to P, or where paragraph 8(4) applies, to Y via a secure web portal,

in accordance with sub-paragraph (4).

(3) In sub-paragraph (2), “relevant event” means—

(a) where the test provider administered the test, the time at which the test provider determined the results of the test,

(b) where the test provider did not administer the test, the time at which the test provider received the information required to be provided by paragraph 8(3C).

(4) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed using one of the following forms of words, as appropriate—

Form A: negative LFD test result

Your coronavirus (COVID-19) test result is negative. You did not have the virus when the test was done.

You are not required to quarantine.

You should self-isolate again if you get symptoms of coronavirus (COVID-19) – get an NHS coronavirus (COVID-19) test from www.gov.uk/get-coronavirus-test and self-isolate until you get the results.

For advice on when you might need to self-isolate and what to do, go to www.nhs.uk/conditions/coronavirus-covid-19 and read ‘Self-isolation and treating symptoms’.

Form B: positive LFD test result

Your coronavirus test result is positive. This means that you probably have the virus.

Even if you have not had symptoms of coronavirus, you must now self-isolate for 10 days from the day after your test date.

You must obtain, take and return a free follow up PCR test from NHS Test and Trace to confirm this. You can obtain your confirmatory PCR test by visiting gov.uk/get-coronavirus-test or by calling 119. This test will be free of charge and will be sent to you as a home test kit. You must take this test in accordance with this notice. If this confirmatory test is negative, you no longer need to self-isolate.

You may be contacted for contact tracing and to check that you, and those who you live or are travelling with, are self-isolating.

You must not travel, including to leave the UK, during self-isolation.

Contact 111 if you need medical help. In an emergency dial 999.

Form C: unclear LFD test result

Your coronavirus test result is unclear. It is not possible to say if you had the virus when the test was done.

You must self-isolate for 10 days from the day after your test date.

You may choose to take another test, and if it comes back with a negative result, you no longer need to self-isolate. You may be contacted to check that you are self-isolating.”.

(13) After paragraph 10 insert—

“Modification of self-isolation provisions for eligible non-red list arrivals with a positive test result

11.— (1) This paragraph applies where an eligible non-red list arrival (P) is obliged, under paragraph 3(3), paragraph 5(2), (4) or (4A) to enter into and remain in self-isolation.

(2) Regulations 10 to 13 apply to P as they apply to non-eligible non-red list arrivals, with the modification that regulation 10(3) applies as if it required P to travel directly to the place where they are to self-isolate without specifying the period for which they must self-isolate.”.

(14) For paragraph 12 substitute—

“Private providers

12.   The Secretary of State for Health and Social Care has published details of private providers at https://www.gov.uk/government/publications/list-of-private-providers-of-coronavirus-testing/list-of-private-providers-of-coronavirus-testing”.

(1)

S.I. 2021/582