2021 No. 46 (W. 10)
The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021
Approved by Senedd Cymru
Made
Coming into force in accordance with regulation 1(2) and (3)
Laid before Senedd Cymru
The Welsh Ministers, in exercise of the powers conferred on them by sections 45B, 45C(1) and (3), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 19841, make the following Regulations.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
PART 1General
Title, coming into force and interpretationI11
1
The title of these Regulations is the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021.
2
Parts 1, 3 and 4 of these Regulations come into force at 4.00 a.m. on 15 January 2021.
3
Part 2 of these Regulations comes into force at 4.00 a.m. on 16 January 2021.
PART 2Amendments to the list of exempt countries and territories in Schedule 3 to the International Travel Regulations
Removal of countries and territories from the list of exempt countries and territoriesI22
In Part 1 of Schedule 3 to the International Travel Regulations (exempt countries and territories outside the common travel area), omit the following entries—
Aruba
the Azores
Bonaire, Sint Eustatius and Saba
Chile
Madeira
Qatar
Transitional provision in connection with regulation 2I33
1
Paragraph (2) applies where a person (“P”)—
a
arrives in Wales at or after 4.00 a.m. on 16 January 2021, and
b
was last in a country or territory listed in regulation 2—
i
within the period of 10 days ending with the day of P’s arrival in Wales, and
ii
before 4.00 a.m. on 16 January 2021.
2
P is, by virtue of having been in a country or territory listed in regulation 2 to be treated for the purposes of regulations 7(1) and 8(1) of the International Travel Regulations as having arrived in Wales from, or having been in, a non-exempt country or territory.
PART 3Other amendments to the International Travel Regulations
Addition of countries to the list of countries and territories subject to additional measuresI44
In Schedule 3A to the International Travel Regulations (countries and territories subject to additional measures), at the appropriate place insert—
Argentina
Brazil
Bolivia
Chile
Colombia
Ecuador
French Guiana
Guyana
Paraguay
Peru
Portugal
Republic of Cabo Verde
Republic of Panama
Suriname
Uruguay
Venezuela
Transitional provision in connection with regulation 4I55
Regulation 12F of the International Travel Regulations does not apply in respect of any flight or voyage that commenced before these Regulations came into force.
Amendment of regulation 12E of the International Travel RegulationsI66
In regulation 12E of the International Travel Regulations, after paragraph (8) insert—
9
This regulation does not apply where P—
a
is a road haulage worker (within the meaning given in paragraph 6 of Schedule 2),
b
was last in Portugal within the period of 10 days ending with the day of P’s arrival in Wales, and
c
has not, during that period, been in any other country or territory listed in Schedule 3A.
Amendment of Schedule 2 to the International Travel RegulationsI77
In paragraph 8 of Schedule 2 to the International Travel Regulations, omit “in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007”.
PART 4Amendments to the Restrictions Regulations
Amendments to the Restrictions RegulationsI88
1
The Restrictions Regulations are amended as follows.
2
In regulation 11A, for the heading substitute—
Requirement to isolate: specific provision for people who are in Wales on 9 January 2021 and who have been in certain countries in the previous 10 days
3
After regulation 11A insert—
Requirement to isolate: specific provision for people who are in Wales on 15 January 2021 and who have been in certain countries in the previous 10 days11AA
1
This regulation applies where a person (“P”)—
a
is in Wales at 4.00 a.m. on 15 January 2021,
b
has arrived in Wales within the period of 10 days ending immediately before 4.00 a.m. on 15 January 2021, and
c
has been in a listed country within that period.
2
Unless regulation 11B applies, P, and any person living in the same household with P, may not leave or be outside the place where they are living until the end of the period of 10 days beginning with the day on which P was last in a listed country.
3
If requested by a contract tracer, P must notify the contract tracer—
a
of the name of each person living at the place P is living, and
b
of the address of that place.
4
For the purposes of this regulation, the following are listed countries—
a
Argentina;
b
Brazil;
c
Bolivia;
d
Chile;
e
Colombia;
f
Ecuador;
g
French Guiana;
h
Guyana;
i
Paraguay;
j
Peru;
k
Portugal;
l
Republic of Cabo Verde;
m
Republic of Panama;
n
Suriname;
o
Uruguay;
p
Venezuela.
5
This regulation does not apply where P—
a
is a road haulage worker (within the meaning given in paragraph 6 of Schedule 2 to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020),
b
has been in Portugal within the period of 10 days ending immediately before 4.00 a.m. on 15 January 2021, and
c
has not, during that period, been in any other listed country.
4
In regulation 11B(1), after “11A(2)” insert “or 11AA(2)”.
5
In regulation 12, for “or 11A(2)” substitute “, 11A(2) or 11AA(2)”.
6
In regulation 14(2)(aa), after “11A(2)” insert “or 11AA(2)”.
7
In regulation 22(4)(a), for “or 11A(2)” substitute “, 11A(2) or 11AA(2)”.
8
In regulation 30, for “or 11A(2)” substitute “, 11A(2) or 11AA(2)”.
9
In regulation 40—
a
in paragraph (1)—
i
in sub-paragraph (a), after “11A(2)” insert “, 11AA(2)”;
ii
in sub-paragraph (b), for “or 11A(3)” substitute “, 11A(3) or 11AA(3)”;
b
in paragraph (2)(a), for “or 11A(3)” substitute “, 11A(3) or 11AA(3)”.
10
In paragraph 48 of Schedule 4, in the Welsh language text, for “a chartrefi arddangos” substitute “a swyddfeydd gwerthiant datblygwyr”.
(This note is not part of the Regulations)