The Health Protection (Notification) Regulations 2010

[F1 Duty on test providers to notify results of tests for the detection of SARS-CoV-2 or Influenza virus to [F2 the United Kingdom Health Security Agency] E+W

4A.— (1) This regulation applies where a test provider carries out on a person (“P”) a valid point of care test for the detection of SARS-CoV-2 F3 ... or influenza virus.

(2) For the purposes of this regulation—

(a) a point of care test is a diagnostic test which is not carried out in a diagnostic laboratory; and

(b) a point of care test is valid if it is carried out in accordance with the instructions provided by the manufacturer of the testing equipment.

(3) The test provider must notify [F4 the United Kingdom Health Security Agency] of the result of the test, in accordance with paragraphs (4) to (6).

(4) A notification must be provided in writing—

(a) within 24 hours of the time when the test result is received by the test provider, in the case of the result of a test for the detection of SARS-CoV-2 being positive or indeterminate;

(b) within 7 days beginning with the day on which the test result is received by the test provider, in the case of—

(i) the result of a test for the detection of SARS-CoV-2 being negative or void; or

(ii) the result of a test for the detection of influenza virus.

(5) A notification must include the following information, insofar as it is known to the test provider—

(a) in relation to P, their—

(i) first name;

(ii) surname;

(iii) sex;

(iv) date of birth;

(v) NHS number (if known);

(vi) ethnicity;

(vii) current address (including postcode);

(viii) telephone number, where the test is for the detection of SARS-CoV-2 and the result is positive or indeterminate,

(ix) email address, where the test is for the detection of SARS-CoV-2 and the result is positive or indeterminate;

(b) in relation to the test, the—

(i) name of the test provider;

(ii) nature of establishment;

(iii) specimen identification number (if applicable);

(iv) specimen type;

(v) specimen date;

(vi) test method;

(vii) result of test;

(viii) date on which the test was carried out;

(ix) name of the testing equipment manufacturer.

[F5 (6)] Where P is a child, or a person with a disability who is unable for that reason to provide the information set out in paragraph (5)(a) to the test provider, the test provider must provide [F6 the United Kingdom Health Security Agency] with, insofar as it is known to the test provider—

(a) the information set out in paragraph [F7 (5)](a)(i) to (vii) in relation to P, having obtained it from an appropriate parent, guardian or carer of P (“X”); and

(b) where the test is for the detection of SARS-CoV-2 and the result is positive or indeterminate, X’s telephone number and email address.

[F8 (7)] It is an offence for a test provider to fail without reasonable excuse to comply with this regulation.

[F9 (8)] A test provider that commits an offence under this regulation is liable on summary conviction to a fine.

[F10 (9)] In this regulation—

“carer”, “child”, “disability”, “guardian”, and “parent” have the meanings given in regulation 4;

“test provider” means a company, partnership, charity, corporation, unincorporated association, or other organisation or body, whether public or private, or sole trader, carrying out point of care tests for the detection of SARS-CoV-2 or influenza virus.]

Textual Amendments

F1 Reg. 4A inserted (23.11.2020) by The Health Protection (Notification) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/1175), regs. 1(1), 4

F2 Words in reg. 4A heading substituted (1.10.2021) by The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021 (S.I. 2021/974), regs. 1(1), 5(5)

F3 Words in reg. 4A(1) omitted (3.3.2022) by virtue of The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/125), regs. 1(2)(c)(ii), 36(5) (with reg. 37(1)(2))

F4 Words in reg. 4A(3) substituted (1.10.2021) by The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021 (S.I. 2021/974), regs. 1(1), 5(5)

F5 Reg. 4A(7) renumbered as reg. 4A(6) (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(h), 21(5)(a)

F6 Words in reg. 4A(6) substituted (1.10.2021) by virtue of The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021 (S.I. 2021/974), regs. 1(1), 5(5)

F7 Word in reg. 4A(6)(a) substituted (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(h), 21(5)(b)

F8 Reg. 4A(8) renumbered as reg. 4A(7) (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(h), 21(5)(c)

F9 Reg. 4A(9) renumbered as reg. 4A(8) (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(h), 21(5)(d)

F10 Reg. 4A(10) renumbered as reg. 4A(9) (21.9.2021) by The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/966), regs. 1(4)(h), 21(5)(e)