The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2022
| Year | 2022 |
2022 No. 16 (W. 8)
Public Health, Wales
The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2022
Made 6th January 2022
Laid before Senedd Cymru 7th January 2022
Coming into force in accordance with regulation 1
The Welsh Ministers, in exercise of the powers conferred on them by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 19841, make the following Regulations.
PART 1
General
Title and coming into force
1.—(1) The title of these Regulations is the Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2022.
(2) Regulations 2, 4, 9, 10, 14 and 15 come into force at 4.00 a.m. on 7 January 2022.
(3) Regulations 5, 6, 7, 8, 11, 12 and 13 come into force at 4.00 a.m. on 9 January 2022.
(4) Regulation 3 comes into force at 4.00 a.m. on 10 January 2022.
PART 2
Amendments to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020
2. The Health Protection (Coronavirus, International Travel) (Wales) Regulations 20202are amended in accordance with this Part.
Amendment of regulation 2A
3. In regulation 2A (exemptions for vaccinated travellers and others), in paragraph (12) , at the appropriate places insert—
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Bhutan
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Cameroon
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Cote d’Ivoire
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Fiji
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Iraq
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Liberia
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Mali
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Mauritania
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Niger
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Palau
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Papua New Guinea
”
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Paraguay
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Solomon Islands
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The Gambia
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The north of Cyprus
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Uzbekistan
Amendment of regulation 6A
4. In regulation 6A (requirement to possess notification of a negative test result), in paragraph (4), at the end insert—
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(f)
(f) a person who is a regulation 2A traveller.
”
Amendment of regulation 6AB
5. In regulation 6AB (requirement to book and undertake tests), for paragraph (2)(a), substitute—
“
(a)
(a) a “day 2 test”—
(i) in respect of a person to whom regulation 2A does not apply, is a test complying with paragraph 1 of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule;
(ii) in respect of a regulation 2A traveller, means—
(aa) a test described in paragraph (i), or
(bb) a test complying with paragraph 1ZBA of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule.
”
Amendment of regulation 6DB
6.—(1) Regulation 6DB (requirement to isolate on failure to take tests: regulation 2A travellers) is amended as follows.
(2) For paragraph (3), substitute—
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3 Where paragraph (2) applies, P is to be treated as if the requirements of regulation 7 or 8 (as the case may be) applied and P must enter into and remain in isolation in accordance with that regulation until the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).
”
(3) For paragraph (5)(a), substitute—
“
(a)
(a) complies with the requirements for a day 2 test in regulation 6AB(2)(a)(ii),
Amendment of regulation 6E
7.—(1) Regulation 6E (consequences of a positive test result) is amended as follows.
(2) In paragraph (1), at the end insert—
“
(c)
(c) P is a regulation 2A traveller–
(i) where the test is a day 2 PCR test, paragraphs (6A) and (7) apply;
(ii) where the test is day 2 LFD test, paragraphs (6B), (6C) and (7) apply.
”
(3) Before paragraph (7), insert—
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6A P is to be treated as if the requirements of regulation 7 applied and P must enter into and remain in isolation in accordance with that regulation until the last day of the period of 10 days beginning with the day on which P took the test.
6B P must as soon as reasonably practicable undertake a confirmatory test provided by the Welsh Ministers for the purposes of this paragraph.
6C P is to be treated as if the requirements of regulation 7 applied and P must enter into and remain in isolation in accordance with that regulation until the earlier of—
(a) the last day of the period of 10 days beginning with the day on which P took the day 2 LFD test;
(b) the time that P is notified that the result of the confirmatory test undertaken in accordance with paragraph (6B) is negative.
6D In this regulation, a person is deemed to receive notification of a result in relation to a day 2 LFD test when the person determines the result in accordance with the test manufacturer’s instructions for use.
”
(4) In regulation 6E, at the end insert—
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9 In this regulation—
“day 2 LFD test” means a test within the meaning of regulation 6AB(2)(a)(ii)(bb);
“day 2 PCR test” means a test within the meaning of regulation 6AB(2)(a)(ii)(aa).
”
Amendment of regulation 6HB
8.—(1) Regulation 6HB (consequences of receiving inconclusive test result: regulation 2A travellers) is amended as follows.
(2) For paragraph (3), substitute—
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3 Where paragraph (2) applies, P is to be treated as if the requirements of regulation 7 or 8 (as the case may be) applied and P must enter into and remain in isolation in accordance with that regulation until the last day of the period of 10 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).
”
(3) For paragraph (5)(a), substitute—
“
(a)
(a) complies with the requirements for a day 2 test in regulation 6AB(2)(a)(ii).
”
Amendments of regulation 9
9. In regulation 9 (isolation requirements: exemptions) in paragraph 2, at the end insert—
“
(f)
(f) a child who is under the age of 5 upon arrival in Wales;
(g)
(g) a regulation 2A traveller.
”
Amendment of regulation 12
10. For regulation 12 (last day of isolation), substitute—
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12. For the purposes of regulations 7, 8 and 10, the last day of P’s isolation is the last day of the period of 10 days beginning with the day after the day on which P was last in a non-exempt country.
”
Amendment of regulation 14
11.—(1) Regulation 14 (offences) is amended as follows.
(2) After paragraph (1)(i), insert—
“
(ia)
(ia) 6E(6B).
”
(3) In paragraph (1B), after “6AB” insert “,6E(6B”).
(4) In paragraph (1D), after “6AB” insert “or 6E(6B)”.
Amendment of regulation 16
12. In regulation 16(6AB) (fixed penalty notices)—
(a) In the words before paragraph (a), after “regulation 14(1)(h)” insert “or (ia)”;
(b) In sub-paragraph (b), after “6AB(7)” insert “or 6E(6B)”;
(c) In sub-paragraph (c), after “6AB(7)” insert “or 6E(6B)”.
Amendment of Schedule 1C
13.—(1) Schedule 1C (mandatory testing after arrival in Wales) is amended as follows.
(2) After paragraph 1ZA insert—
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Day 2 tests: general requirements for lateral flow device tests.
1ZBA.—(1) A day 2 test complies with this paragraph where the test complies with sub-paragraph (2) and—
(a)
(a) it is a test provided by a public test provider; or
(b)
(b) it is a test provided by a private test provider where the private test provider complies with paragraph 1ZCA.
(2) A test complies with this sub-paragraph where—
(a)
(a) it is a test for the detection of coronavirus which uses one or more of–
(i) mid-turbinate or anterior nares nasal swabbing;
(ii) tonsillar swabbing;
(iii) saliva;
(b)
(b) it is uniquely identifiable;
(c)
(c) it is provided in accordance with the test manufacturer’s instructions for use including, in particular, instructions as to the target use, target user and target use settings; and
(d)
(d) any device used for the purposes of the test can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations.
Day 2 tests: private test provider requirements for lateral flow device tests.
1ZCA.—(1) A private test provider complies with this paragraph where—
(a)
(a) they comply with the requirements of paragraph 1ZA(1)(a) to (e) and (h);
(b)
(b) they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing published at gov.uk/guidance/day-2-lateral-flow-tests-for-international-arrivals-minimum-standards-for-providers on 6th January 2022 and the Department has confirmed in writing that it considers the provider meets those standards;
(c)
(c) they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;
(d)
(d) they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;
(e)
(e) they receive the information required by regulation 6AB(5), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in Wales;
(f)
(f) they ensure they only accept results from the first use of the device;
(g)
(g) each day, they notify the Secretary of State in writing of—
(i) the number of tests they sold on that day, and
(ii) in relation to each test sold on that day—
(aa) the date of the arrival in the United Kingdom of the person in respect of whom the test was sold,
(bb) whether it is a polymerase chain reaction or lateral flow device, and
(cc) the test reference...
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