PART 1 General

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 2020( 2);

“the Operator Liability Regulations” (“y Rheoliadau Atebolrwydd Gweithredwyr”) means the Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021( 3);

“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 2020( 4).

PART 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.

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

3.  For regulations 6B and 6C substitute—

“Requirement to book and undertake tests

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

(a) arrives in Wales,

(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) 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 “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) 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) 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) “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) for P, and

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

(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) to P, and

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

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

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

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

(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. ”

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

4.  For regulation 6D substitute—

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

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

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

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

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

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

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

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

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

“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 2020( 5) do not apply in relation to P. ”

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 6AB”;

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

Amendment to regulation 6G

7.  In regulation 6G(1)(a) (consequences of not receiving result of day 8 test before end of isolation period), for “regulation 6C(1)” substitute “regulation 6AB”.

New regulations 6HA and 6HB (consequences of receiving inconclusive test result)

8.  For regulation 6H (consequences of receiving inconclusive test result) substitute—

“Consequences of receiving inconclusive test result: travellers from non-exempt countries and territories

6HA.— (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 the result of a test taken by P in accordance with regulation 6AB is inconclusive.

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

(a) the last day of the period of 10 days beginning with the day P took the test, or

(b) where P takes a test to which paragraph (5) applies and the result of the test is negative, the later of—

(i) 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, or

(ii) the day on which P receives the negative result, or

(c) where P takes a test to which paragraph (5) applies and the result of the test is positive, the last day of the period of 10 days beginning with the day P took the test.

(4)  Where paragraph (3)(c) applies, P is not required to take a day 8 test in accordance with regulation 6AB.

(5)  This paragraph applies to—

(a) a day 8 test taken in accordance with regulation 6AB;

(b) a test which—

(i) complies with the requirements for a day 8 test in paragraph 2 of Schedule 1C,

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

(iii) is taken—

(aa) before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but

(bb) before the end of the seventh day after the day on which P arrives in Wales.

Consequences of receiving inconclusive test result: travellers from exempt countries and territories

6HB.— (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 the result of a test taken by P in accordance with regulation 6AB is inconclusive.

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

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

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

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

Amendments to regulation 14

9.  In regulation 14 (offences)—

(a) in paragraph (1)(h), for “6B and 6C” substitute “6AB”;

(b) in paragraph (1)(i), for “6D” substitute “6DA and 6DB”;

(c) in paragraph (1B), for “6B, 6C” substitute “6AB”;

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

(e) in paragraph (1D), for “regulation 6C” substitute “regulation 6AB”.

Amendments to regulation 16

10.  In regulation 16 (fixed penalty notices)—

(a) in paragraph (6)(ab), for “regulation 6D” substitute “regulation 6DA or 6DB”;

(b) in paragraph (6AB)—

(i) for “regulation 6B(3) or (5)” substitute “regulation 6AB(3)”;

(ii) for “regulation 6C(1) or (3)”, in both places it occurs, substitute “regulation 6AB(7)”.

Amendments to regulation 17

11.  In regulation 17(2)(a) (use and disclosure of information)—

(a) in paragraph (iii)—

(i) in the words before sub-paragraph (aa), for the words from “arranges” to the end substitute “arranges or takes a test under regulation 6AB”;

(ii) in sub-paragraph (bb)—

(aa) for “regulation 6B(2)(c)” substitute “regulation 6AB(2)(c)”;

(bb) for “regulation 6B(6)” substitute “regulation 6AB(6)”;

(iii) in sub-paragraph (dd), for “regulation 6C” substitute “regulation 6AB”;

(b) in paragraph (iv), for “regulation 6B(8)” substitute “regulation 6AB(11)”;

(c) in paragraph (v), for “regulation 6C” substitute “regulation 6AB”.

Amendments to Schedule 1

12.  In Schedule 1 (passenger information), in paragraph 3—

(a) for “regulation 6B” substitute “regulation 6AB”;

(b) for “regulation 6B(7)” substitute “regulation 6AB(6)”.

Amendments to Schedule 1B

13.  In Schedule 1B (booking information)—

(a) in the shoulder note, for “Regulation 6B” substitute “Regulation 6AB”;

(b) for paragraph 2(a) substitute—

“(aa) P’s home address;

(ab) where P is a person to whom regulation 7(1) or 8(1) applies, the address at which they intend to isolate (if different from their home address);

(ac) where P is a person to whom regulation 7(1) or 8(1) does not apply, the address or addresses where they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom; ”.

Amendments to Schedule 1C

14.  In Schedule 1C (mandatory testing after arrival in Wales)—

(a) in the shoulder note, for “Regulation 6B” substitute “Regulation 6AB”;

(b) after paragraph 1 insert—

“1A.   The circumstances mentioned in regulation 6AB(2)(a) are that P undertake the day 2 test no later than the end of the second day after the day on which P arrived in Wales. ”;

(c) after paragraph 2 insert—

“2A.   The circumstances mentioned in regulation 6AB(2)(b) are that P undertake the day 8 test no later than the end of the seventh day after the day on which P arrived in Wales. ”

Amendments to Schedule 3

15.  In Schedule 3 (exempt countries and territories outside the common travel area)—

(a) in Part 1, for “No countries, territories or parts of countries or territories are specified in this Part” substitute the following entries—

“Australia

Brunei Darussalam

Faroe Islands

Gibraltar

Iceland

Israel

New Zealand

Portugal

Singapore ”;

(b) in Part 2, for “No territories are specified in this Part” substitute the following entries—

“Falkland Islands, South Georgia and the South Sandwich Islands

Saint Helena, Ascension and Tristan da Cunha ”.

PART 3 Amendments to the Operator Liability Regulations

Amendments to the Operator Liability Regulations

16.  The Operator Liability Regulations are amended in accordance with regulations 17 to 19.

Amendment to regulation 4

17.  In regulation 4 (interpretation), in the definition of “notification of post arrival testing arrangements”, for “regulation 6B” substitute “regulation 6AB”.

Amendments to regulation 5A

18.  In regulation 5A(2)(a) (requirement to ensure passengers possess notification of post arrival testing)—

(a) for “regulation 6B” substitute “regulation 6AB”;

(b) for “(requirement to arrange tests before arriving in Wales)” substitute “(requirement to book and undertake tests)”.

Amendment to regulation 9

19.  In regulation 9(2)(a) (power to use and disclose information), for “6B” substitute “6AB”.

PART 4 Amendments to the Public Health Information Regulations

Amendments to the Public Health Information Regulations

20.  The Public Health Information Regulations are amended in accordance with regulations 21 to 25.

Amendments to regulation 2

21.  In regulation 2 (interpretation)—

(a) in the definition of “authorised person”, in paragraphs (a) and (b), omit “or departing”;

(b) omit the definition of “outbound international passenger service”.

Amendments to regulation 3

22.  In regulation 3 (provision of information before booking and at check-in)—

(a) for paragraph (2)(a) substitute—

“(a) in the case of a facility provided for booking travel online—

(i) the information set out in Part 1 of the Schedule which must be embedded in a prominent place so that it is visible prior to a booking being made,

(ii) a link to https://gov.wales/testing-people-travelling-wales-coronavirus-covid-19 ,

(iii) a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk ,

(iv) a link to https://gov.wales/categories-persons-exempt-or-excepted-specific-travelling-requirements ,

(v) a link to https://www.gov.uk/uk-border-control ,

(vi) a link to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice ,

(vii) a link to https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/ , and

(viii) a link to https://gov.wales/travelrules ; ”;

(b) for paragraph (2)(b) substitute—

“(b) in the case of a facility provided for checking in online—

(i) the information set out in Part 1 of the Schedule which must be embedded in a prominent place so that it is visible prior to the check-in being completed,

(ii) a link to https://gov.wales/testing-people-travelling-wales-coronavirus-covid-19 ,

(iii) a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk ,

(iv) a link to https://gov.wales/categories-persons-exempt-or-excepted-specific-travelling-requirements ,

(v) a link to https://www.gov.uk/uk-border-control ,

(vi) a link to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice ,

(vii) a link to https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/, and

(viii) a link to https://gov.wales/travelrules ; ”;

(c) in paragraph (2)(c)(ii)(cc), for “regulation 6B” substitute “regulation 6AB”;

(d) omit paragraphs (2A), (2B) and (2C);

(e) in paragraph (3), for “paragraphs (1) and (2A)” substitute “paragraph (1)”.

Amendments to regulation 3A

23.  In regulation 3A (provision of information prior to departure)—

(a) in paragraph (4)(a)(vi), for “regulation 6B” substitute “regulation 6AB”;

(b) for paragraph (4)(b) substitute—

“(b) where the information is provided by email—

(i) the information set out in Part 1 of the Schedule,

(ii) a link to https://gov.wales/testing-people-travelling-wales-coronavirus-covid-19 ,

(iii) a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk ,

(iv) a link to https://gov.wales/categories-persons-exempt-or-excepted-specific-travelling-requirements ,

(v) a link to https://www.gov.uk/uk-border-control ,

(vi) a link to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice ,

(vii) a link to https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/ , and

(viii) a link to https://gov.wales/travelrules; ”;

(c) omit paragraphs (6) to (9).

Amendments to regulation 6

24.  In regulation 6 (offences)—

(a) in paragraph (1), omit “(7),”;

(b) in paragraph (2), omit “or (7),”.

Substitution of the Schedule

25.  For the Schedule substitute—

“SCHEDULE Regulations 3, 3A and 4

Part 1

The information to be provided for the purposes of regulations 3(2)(a)(i), 3(2)(b)(i), 3(2)(c)(i), 3A(4)(b)(i) and 3A(4)(c) is—

Part 2

The statement to be provided for the purposes of regulation 4 is—

(a) Welsh language version—

(b) English language version—

(c) the statement in paragraph (a) or (b) translated into an officially recognised language of the country of departure. ”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 ( S.I. 2020/574 (W. 132)) (the “International Travel Regulations”), the Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021 ( S.I. 2021/40 (W. 11)) (“the Operator Liability Regulations”) and the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020 ( S.I. 2020/574 (W. 132)(the “Public Health Information Regulations”).

The International Travel Regulations impose requirements on persons entering Wales after having been abroad. They include a requirement for persons arriving in Wales from non-exempt countries or territories to isolate for a period determined in accordance with those Regulations.

Part 2 of these Regulations amends the International Travel Regulations. Regulations 3 to 8 make provision in relation to booking and undertaking tests for persons arriving into Wales having travelled outside the common travel area in the previous 10 days. Persons travelling into Wales having been in an exempt country or territory listed in Schedule 3 to the International Travel Regulations are required to book and undertake a day 2 test, whereas persons travelling from a non-exempt country or territory must book and undertake a day 2 and day 8 test. Provision is also made relating to failure to take tests and the consequences of test results. Regulations 9 to 14 make consequential amendments in light of the provisions in regulations 3 to 8.

Regulation 15 adds countries and territories to the list of exempt countries and territories in Schedule 3 to the International Travel Regulations.

The Operator Liability Regulations impose requirements on persons operating international passenger services (“operators”) arriving into Wales from outside the common travel area. In accordance with those requirements operators must, for example, ensure that passengers travelling on such services possess notification of a negative test result and have made arrangements to take further tests following their arrival.

In consequence of the amendments made to the International Travel Regulations by these Regulations, Part 3 of these Regulations makes minor amendments to the Operator Liability Regulations to reflect the easing of the restrictions on international travel.

The Public Health Information Regulations impose requirements on operators of international passenger services coming from outside the common travel area to an airport, heliport or seaport in Wales to provide passengers with specified public health information.

In consequence of the amendments made to the International Travel Regulations by these Regulations, Part 4 of these Regulations amends the specified public health information that operators must provide to passengers prior to and during travel into Wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely costs and benefits of complying with these Regulations.