Legislation – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

where P is a person to whom regulation 5(3) applies, 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;

(b)

where P is a person to whom regulation 5(4) applies, P must undertake a workforce test for day 2 in accordance with paragraph (6)(c).

(3)

Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse (see regulation 19(1)(d) and (5)), 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 9 (workforce tests) 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 for the detection of coronavirus which is provided or administered under the National Health Service Act 200615;

(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 England;

(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 England, and

(iii)

is undertaken before the end of the fifth day after the day on which P arrived in England;

(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 England, and

(iii)

is undertaken before the end of the eighth day after the day on which P arrived in England.

(7)

For any period during which P is a recurring work traveller, paragraph (2) does not apply and paragraph (9) applies to P instead.

(8)

P is a “recurring work traveller” where—

(a)

P is undertaking work that requires P to enter and leave England on a daily basis, or at intervals of no greater than two days, and is entering and leaving accordingly; and

(b)

P does not fall within the description in paragraph 13 of Schedule 4 (road haulage workers).

(9)

Where this paragraph applies, P must undertake a workforce test—

(a)

before the end of the second day after the day P first arrives in England during the period during which P is a recurring work traveller or as soon as reasonably practicable during the time P is next in England after the end of the second day; and

(b)

subsequently, within each successive period of three days, beginning with the day after the day on which P took the previous workforce test.