Legislation – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021
PART 2Requirements on persons arriving in England
Requirement to book and undertake tests6.
(1)
This regulation applies to a person (“P”) specified in paragraph (1) of regulation 5 (requirements relating to tests) who—
(a)
intends to remain in England for two days or more after the day of their arrival; or
(b)
intended to remain in England for less than two days after the day of their arrival but in fact remains in England for two days or more.
(2)
Where P is a person mentioned in paragraph (1)(b)—
(a)
the obligation under paragraph (3) to possess a testing package on arrival does not apply;
(b)
paragraph (4) applies to P as if the words “required under paragraph (3)” were omitted.
(3)
Where P is an adult, P must on their arrival in England possess a testing package—
(a)
for themselves; and
(b)
for any child aged 5 or older with whom they are travelling and for whom they have responsibility.
(4)
Where P is an adult who arrives in England without possessing a testing package required under paragraph (3), P must as soon as practicable obtain such a testing package.
(5)
Where P is a child aged 5 or older, who is unaccompanied by an adult who has responsibility for P, and who arrives in England without possessing a testing package, an adult with responsibility for P must obtain a testing package as soon as practicable after P arrives in England.
(6)
Subject to paragraph (7), where P—
(a)
is an adult, they must undertake the tests in accordance with their testing package;
(b)
is a child, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.
(7)
Where P’s day 2 test generates a positive result, P is not required to undertake a day 8 test.
(8)
Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(c) and (4)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.
(9)
Where a replacement test is undertaken instead of—
(a)
a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;
(b)
a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.
(10)
Schedule 8 (mandatory testing after arrival in England) makes further provision about day 2 and day 8 tests (including the consequences of testing).
(11)
A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.
(12)
In this regulation—
(a)
“day 2 test” means a test for coronavirus which complies with paragraph 6 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;
(b)
“day 8 test” means a test for coronavirus which complies with paragraph 8 of Schedule 8 and is undertaken in the circumstances described in paragraph 10 of that Schedule;
(c)
“testing package” means—
(i)
where P is a person falling within regulation 5(1)(a) (arrivals from category 1 countries or territories), a booking for a day 2 test,
(ii)
where P is a person falling within regulation 5(1)(b) to (e) (arrivals from category 2 and 3 coutnries or territories) and—
(aa)
intends to remain in England for 8 days or more, a booking for a day 2 test and a day 8 test,
(bb)
intends to leave England on or before the 7th day after P’s arrival in England, a booking for a day 2 test.