2021 No. 20 (W. 7)
The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021
Approved by Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force
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) (Wales) Regulations 2021.
2
These Regulations come into force at 4.00 a.m. on 9 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—
the City of Jerusalem
Israel
Mauritius
Republic of Botswana
Seychelles
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 9 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 9 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 3Amendments to Part 3 and Part 3B of the International Travel Regulations
Amendment to Part 3 (requirement to isolate etc.) of the International Travel RegulationsI44
Omit regulation 12C (special rules applicable to persons travelling from South Africa) of the International Travel Regulations.
Saving provision in connection with regulation 4I55
Where immediately before 4.00 a.m. on 9 January 2021 regulation 12C of the International Travel Regulations applies to a person, it continues to apply to that person despite its revocation by regulation 4.
Removal of Part 3B (travel from South Africa) of the International Travel RegulationsI66
Omit Part 3B (travel from South Africa) of the International Travel Regulations.
PART 4Addition of Part 3C of and Schedule 3A to the International Travel Regulations
Insertion of Part 3C (travel from a country or territory listed in Schedule 3A)I77
1
The International Travel Regulations are amended as follows.
2
After regulation 12 insert—
PART 3CTravel from a country or territory listed in Schedule 3A
Additional measures applicable to persons travelling from a country or territory listed in Schedule 3A12E
1
This regulation applies where an isolation requirement (within the meaning given by regulation 10(2)) is imposed on a person (“P”) because P—
a
has arrived in Wales from a country or territory listed in Schedule 3A, or
b
has, within the period of 10 days ending with the day of P’s arrival in Wales, been in a country or territory listed in Schedule 3A.
2
Regulations 7(1) and 8(1) are to be read in relation to P as if references to “a non-exempt country or territory” were references to “a country or territory listed in Schedule 3A”.
3
The isolation requirement imposed on P by virtue of regulation 7(1) or 8(1) as modified by paragraph (2), is also imposed on all members of P’s household.
4
Despite regulation 9(2), regulations 7 and 8 apply to P.
5
A member of P’s household is not exempt from the isolation requirement by virtue by regulation 9(2).
6
Accordingly neither P nor any member of P’s household is to be treated as a person described in any paragraph of Schedule 2.
7
For the purposes of regulation 10, a member of P’s household is to be treated as if that person were P.
8
Regulation 10 applies to P (and a member of P’s household by virtue of paragraph (7)) as if, for paragraph (4) of that regulation, there were substituted—
4
P may leave and be outside of the premises—
a
for as long as is necessary—
i
to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner;
ii
to avoid serious illness, serious injury or other risk of serious harm;
iii
to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
b
if required to do so by a constable;
c
to travel for the purpose of leaving Wales.
Prohibition on the arrival of aircraft and vessels travelling directly from a country or territory listed in Schedule 3A12F
1
The person with management or control of an aircraft or vessel whose last point of departure was a country or territory listed in Schedule 3A must not cause or permit it to arrive in Wales, unless it is reasonably necessary for it to do so to secure—
a
the safety of the aircraft or vessel, or
b
the health and safety of any person aboard it.
2
Paragraph (1) does not apply to—
a
a commercially operated aircraft or vessel carrying no passengers;
b
an aircraft or vessel operated by or in support of Her Majesty’s Government in the United Kingdom;
c
an aircraft or vessel which was last in a country or territory listed in Schedule 3A 11 or more days prior to its arrival in Wales.
3
In this regulation—
a
“arrive” means—
i
in relation to an aircraft, to land;
ii
in relation to a vessel, to moor at any place;
b
“passenger” means a person carried in or on an aircraft or vessel other than a member of its crew.
3
After Schedule 3, insert—
SCHEDULE 3ACountries and territories subject to additional measures
Kingdom of Eswatini
Kingdom of Lesotho
Republic of Angola
Republic of Botswana
Republic of Malawi
Republic of Mauritius
Republic of Mozambique
Republic of Namibia
Republic of Seychelles
Republic of South Africa
Republic of Zambia
Republic of Zimbabwe
PART 5Amendment to the Restrictions Regulations
Amendment to the Restrictions RegulationsI88
1
The Restrictions Regulations are amended as follows.
2
Omit regulation 4(7).
3
In regulation 11A—
a
in the heading, for “South Africa” substitute “certain countries”;
b
in paragraph (1)—
i
in sub-paragraph (a), for “9.00 a.m. on 24 December 2020” substitute “4.00 a.m. on 9 January 2021”;
ii
in sub-paragraph (b), for “9.00 a.m. on 24 December 2020” substitute “4.00 a.m. on 9 January 2021”;
iii
in sub-paragraph (c), for “South Africa” substitute “a listed country”;
c
in paragraph (2), for “left South Africa” substitute “was last in a listed country”;
d
after paragraph (3) insert—
4
For the purposes of this regulation, the following are listed countries—
a
Kingdom of Eswatini;
b
Kingdom of Lesotho;
c
Republic of Angola;
d
Republic of Botswana;
e
Republic of Malawi;
f
Republic of Mauritius;
g
Republic of Mozambique;
h
Republic of Namibia;
i
Republic of Seychelles;
j
Republic of Zambia;
k
Republic of Zimbabwe.
4
In regulation 11B—
a
in the heading, for “South Africa” substitute “certain countries”;
b
in sub-paragraph (2)(c), for “or other risk of serious harm” substitute “, other risk of serious harm or to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings”.
5
In regulation 38(c), in the English language text, after “(2)” insert “of”.
6
In regulation 57(1)(t)(i), for “, any Tier 4 area or any other area in which restrictions are imposed that are stricter than those applicable in the Tier 3 area” substitute “or the Tier 4 area”.
7
In paragraph 48 of Schedule 4, for “, developer sales offices and show homes” substitute “and developer sales offices”.
8
Omit Schedule 6.
PART 6Amendment to the Welsh language text of Part 4 of the International Travel Regulations
Amendment to Part 4 (enforcement and offences) of the International Travel RegulationsI99
In regulation 14 (offences) of the International Travel Regulations, in the Welsh language text, in sub-paragraph (1)(c) omit “neu”.
(This note is not part of the Regulations)