Requirements for how regulated activity is carried on
12.—(1)  It is the duty of an approved test provider to take such measures to ensure that any individual employed or engaged by the approved test provider to perform any relevant sampling activity removes a respiratory specimen from an individual to be tested using a test product specified in the first column of the Schedule in accordance with the method specified opposite the test product in the second column of that Schedule.
(2)  Subject to regulation 13, where the result of an approved test carried out by an approved test provider for an individual is uncertain or invalid (called in this regulation the first result), the approved test provider must —
(a)where sufficient respiratory specimen was removed to perform the relevant testing activity again — carry out the relevant testing activity immediately after the first result is ascertained; or
(b)in any other case —
(i)without delay and in no case more than 2 hours after the first result is available, request the individual to undergo another approved test, within 24 hours after the first result is available; and
(ii)where the individual consents to undergoing another approved test, carry out another relevant sampling activity in respect of the individual for the purposes of carrying out another relevant testing activity, within 24 hours after the first result is available.
(3)  Where an individual mentioned in paragraph (2) does not consent to undergoing another approved test within 24 hours after the first result is available, the approved test provider must notify the Director immediately upon the expiry of those 24 hours.
(4)  An approved test provider commits an offence if the approved test provider intentionally or negligently contravenes any duty imposed on the approved test provider under paragraph (1), and shall be liable on conviction of the offence to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.