The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021

CitationSI 2021/584 (W161)

2021 No. 584 (W. 161)

Public Health, Wales

The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021

Made 14th May 2021

Laid before Senedd Cymru 14th May 2021

Coming into force 17th May 2021

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.

1 General

PART 1

General

S-1 Title, interpretation and coming into force

Title, interpretation and coming into force

1.—(1) The title of these Regulations is the Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021.

(2) These Regulations come into force at 6.00 a.m. on 17 May 2021.

(3) In these Regulations—

“the International Travel Regulations” (“y Rheoliadau Teithio Rhyngwladol”) means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 20202;

“the Operator Liability Regulations” (“y Rheoliadau Atebolrwydd Gweithredwyr”) means the Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 20213;

“the Public Health Information Regulations” (“y Rheoliadau Gwybodaeth Iechyd y Cyhoedd”) means the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 20204.

2 Amendments to the International Travel Regulations

PART 2

Amendments to the International Travel Regulations

S-2 Amendments to the International Travel Regulations

Amendments to the International Travel Regulations

2. The International Travel Regulations are amended in accordance with regulations 3 to 15.

S-3 New regulation 6AB (requirement to book and undertake tests)

New regulation 6AB (requirement to book and undertake tests)

3. For regulations 6B and 6C substitute—

S-6AB

Requirement to book and undertake tests

6AB.—(1) This regulation applies to a person (“P”) aged 5 or over who—

(a)

(a) arrives in Wales,

(b)

(b) has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and

(c)

(c) is not a person described in—

(i) paragraph 1(1)(a) to (k) of Schedule 2 who satisfies the conditions in paragraph 1(2) of that Schedule;

(ii) paragraphs 2 to 16, and 36 of Schedule 2;

(iii) paragraph 14 of Schedule 5.

(2) In this Part—

(a)

(a) a “day 2 test” is a test complying with paragraph 1 of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule;

(b)

(b) a “day 8 test” is a test complying with paragraph 2 of Schedule 1C which is undertaken in the circumstances described in paragraph 2A of that Schedule;

(c)

(c) a “public test provider” is a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006, the National Health Services Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972;

(d)

(d) “testing package” means—

(i) in respect of a person to whom regulation 7(1) or 8(1) applies, a booking for a day 2 test and a day 8 test;

(ii) in respect of a person (“P”) who arrives in Wales having been in an exempt country or territory listed in Schedule 3 within the period of 10 days ending with the day of P’s arrival in Wales, a booking for a day 2 test.

(3) Where P is an adult, P must on arrival in Wales possess a testing package arranged with a public test provider—

(a)

(a) for P, and

(b)

(b) for a child aged 5 or over for whom P has responsibility and with whom P is travelling.

(4) Where P is an adult who arrives in Wales without possessing a testing package required under paragraph (3), P must as soon as practicable obtain a testing package.

(5) A test is not to be treated as having been arranged in accordance with this regulation unless—

(a)

(a) the person arranging the tests notified the public test provider that the tests were being arranged for the purposes of this regulation, and

(b)

(b) the information in Schedule 1B was provided to the public test provider in relation to P.

(6) When the tests are arranged, the public test provider must provide a test reference number—

(a)

(a) to P, and

(b)

(b) to any person who arranges tests on P’s behalf.

(7) Subject to paragraph (8), where P—

(a)

(a) is an adult, they must undertake the tests in accordance with their testing package;

(b)

(b) is a child aged 5 or over, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(8) Where P’s day 2 test generates a positive result, P is not required to undertake a day 8 test.

(9) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(10) Where a replacement test is undertaken instead of—

(a)

(a) a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)

(b) a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(11) A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.”

S-4 New regulations 6DA and 6DB (requirement to isolate on failure to take tests)

New regulations 6DA and 6DB (requirement to isolate on failure to take tests)

4. For regulation 6D substitute—

S-6DA

Requirement to isolate on failure to take tests: travellers from non-exempt countries and territories

6DA.—(1) This regulation applies in respect of a person (“P”) to whom regulations 6AB(1) and either 7(1) or 8(1) apply.

(2) This paragraph applies where—

(a)

(a) P fails to undertake a day 8 test, and

(b)

(b) either—

(i) P fails to undertake a day 2 test, or

(ii) P’s day 2 test generates a negative or inconclusive result.

(3) Where paragraph (2) applies, the last day of P’s isolation under regulation 7 or 8 is 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).

(4) Where paragraph (2) applies but P subsequently takes a test to which paragraph (5) applies and—

(a)

(a) the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6AB;

(b)

(b) the result is negative, regulation 6G applies as if—

(i) P had taken a day 2 test and a day 8 test in accordance with regulation 6AB, and

(ii) both tests were negative.

(5) This paragraph applies to a day 8 test that is taken—

(a)

(a) before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (2) did not apply, but

(b)

(b) not before the end of the seventh day after the day on which P arrives in Wales.

S-6DB

Requirement to isolate on failure to take tests: travellers from exempt countries and territories

6DB.—(1) This regulation applies in respect of a person (“P”) to whom regulation 6AB(1) applies but to whom neither regulation 7(1) nor 8(1) applies.

(2) This paragraph applies where P fails to take a day 2 test.

(3) Where paragraph (2) applies, 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 14 days beginning with the day after the day on which P was last in a country or territory listed in Schedule 3.

(4) Where paragraph (2) applies but P subsequently takes a test to which paragraph (5) applies and—

(a)

(a) the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6AB;

(b)

(b) the result is negative, P is no longer required to isolate in accordance with regulation 7.

(5) This paragraph applies to a test which—

(a)

(a) complies with the requirements for a day 2 test in paragraph 1 of Schedule 1C,

(b)

(b) is arranged in accordance with regulation 6AB(5), and

(c)

(c) is undertaken within 10 days of the day on which P arrived in Wales.”

S-5 Substitution of regulation 6E (consequences of positive test result)

Substitution of regulation 6E (consequences of positive test result)

5. For regulation 6E (consequences of positive test result) substitute—

S-6E

6E. Where a test taken by a person (“P”) in accordance with regulation 6AB is positive—

(a) where P is a person—

(i) to whom regulation 7(1) or 8(1) applies, the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation), or

(ii) to whom regulation 7(1) or 8(1) does not apply, 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, and

(b) regulation 10(3) (isolation requirement ceasing to apply to P when P leaves Wales) of these Regulations and, subject to regulation 6I, regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20205do not apply in relation to P.”

S-6 Amendments to regulation 6F

Amendments to regulation 6F

6. In regulation 6F (consequences of positive result for person residing in same premises)—

(a) in paragraph (1), for “regulation 6C” substitute “regulation 6AB”;

(b) in paragraph (3)(a), for “regulation 6C(1)(b)” substitute “regulation...

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