Legislation – The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021

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Introduction

PART 1
General

1 Citation and commencement

2 Interpretation

3 Interpretation: red, amber and green list countries and arrivals

PART 2
Obligations on persons arriving in Northern Ireland and others

4 Requirement to provide information

5 Persons exempt from requirement to provide information

6 Requirement to possess notification of negative test result

7 Persons exempt from requirement to possess notification of a negative test result

8 Requirement to book and undertake tests

9 Persons exempt from requirement to book and undertake tests

10 Requirement to self-isolate

11 Limitations to, and exceptions from, requirement to self-isolate

12 Place where a person must self-isolate

13 Persons exempt from requirement to self-isolate

14 Requirement to comply with managed isolation

15 Persons exempt from the requirement to comply with managed isolation

PART 3
Prohibition on the arrival of aircraft and vessels into Northern Ireland

16 Interpretation of Part 3

17 Prohibition on arrival of aircraft into Northern Ireland

18 Prohibition on arrival of vessels into Northern Ireland

PART 4
Enforcement

19 Enforcement of requirement to isolate

20 Additional enforcement powers in respect of managed isolation

21 Additional enforcement powers in respect of red list arrivals

22 Power of entry in respect of managed isolation

23 Offences and penalties

24 Reasonable excuses: contravention of regulation 6

25 Reasonable excuses: contravention of regulation 8

26 Fixed penalty notices

27 Amount of fixed penalty

28 Amount of fixed penalty: offences committed under statutory provisions revoked by these Regulations

29 Effect of fixed penalty notice

30 Registration certificates

31 Registration of penalty

32 Challenge to notice

33 Setting aside of sum enforceable under regulation 31

PART 5
Information sharing

34 Power to use and disclose information

35 Self-incrimination

PART 6
Review and expiry of these Regulations

36 Review of need for restrictions

37 Expiry of these Regulations

PART 7
Final provisions

38 Revocations

39 Transitional provisions

40 Relationship between these Regulations and the Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021

SCHEDULES

SCHEDULE 1 Red list countries

SCHEDULE 2 Green list countries – exempt countries, territories, and parts of countries or territories

SCHEDULE 3 Passenger information

SCHEDULE 4 Persons who are exempt

SCHEDULE 5 Qualifying test

SCHEDULE 6 Requirement to book and undertake tests (mandatory testing after arrival in Northern Ireland)

SCHEDULE 7 Managed isolation

SCHEDULE 8 Prohibition on arrival of aircraft and vessels

SCHEDULE 9 Revocations

Signature

Explanatory note

SCHEDULES

SCHEDULE 5Qualifying test

Regulation 6

1.

A test is a qualifying test if—

(a)

it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i)

a sensitivity of at least 80%,

(ii)

a specificity of at least 97%, and

(iii)

a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b)

it is not a test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(c)

the test sample is taken from the person no more than three days before—

(i)

in the case of that person travelling to Northern Ireland on a commercial transport service, the service’s scheduled time of departure, or

(ii)

in any other case, the actual time of departure of the vehicle, vessel or aircraft on which that person is travelling to the common travel area.

2.

For the purposes of paragraph 1—

“sensitivity”, in relation to a device, means how often the device correctly generates a positive result;

“specificity”, in relation to a device, means how often the device correctly generates a negative device.

3.

Notification of a negative rest result must include, in English, French or Spanish, the following information—

(a)

the name of the person from whom the sample was taken,

(b)

that person’s date of birth,

(c)

the negative result of the test,

(d)

the date the test sample was collected or received by the test provider,

(e)

the name of the test provider and information sufficient to contact that provider,

(f)

a statement—

(i)

that the test was a polymerase chain reaction test, or

(ii)

of the name of the device that was used for the test.