Let's make sure we are in agreement with the tests!

We are talking about the position 3 months after Brexit day, i.e. on May 29th, 2019. I am also assuming have not we agreed a transition in which the UK is still subject to all EU rules and regulations.

I consider 'a traffic jam at the ports' to be present if Operation Brock is in place to the extext that one or more lanes of the motorways near the ports are not available for the ordinary driver. [Note, Dover is not the only port!]

I consider "a shortage to be in place" if at least one of the items in the Consumer Price Index 2017 basket of goods, Annex A has increased in price by 10% more than overall inflation. Since there is unlikely to be an OCD report on that date, we will have to make an informal assessment, pending the next OCD report.

I also consider a shortage to be in place if a major manufacturer is having problems satisfying its 'Just in Time' deliveries.

As for legal and funding matters, the test will be based on comments the relevant bodies are making.