2020 No. 1288 (W. 286)
The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020
Approved by Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45B, 45C(1) and (3)(c), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 F1.
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.
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 2020.
2
These Regulations come into force at 4.00 a.m. on 14 November 2020.
3
In these Regulations, the “International Travel Regulations” means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 F2.
Amendment of the International Travel RegulationsI22
1
The International Travel Regulations are amended as follows.
2
In regulation 12A—
a
in paragraph (4), in the English language text, for “by”, the second time it occurs, substitute “
of
”
;
b
in paragraph (7), in the modified regulation 10(4)—
i
in the Welsh language text, for sub-paragraph (a)(ii) substitute—
ii
i osgoi salwch difrifol, anaf difrifol neu risg arall o niwed difrifol;
ii
after sub-paragraph (a)(ii) insert—
iii
to travel for the purpose of leaving Wales;
3
After regulation 12A insert—
PART 3ATravel from Denmark
Prohibition on the arrival of aircraft and vessels travelling directly from Denmark12B
1
The person with management or control of an aircraft or vessel whose last point of departure was in Denmark 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.
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.
4
In regulation 14(1)—
a
in sub-paragraph (e), omit “or”;
b
in sub-paragraph (f), at the end insert “
or
”
;
c
after sub-paragraph (f) insert—
g
12B(1),
5
In Part 1 of Schedule 3 (exempt countries and territories outside the common travel area), at the appropriate place insert—
Bahrain
Cambodia
Chile
Corfu
Crete
Iceland
Kos
Laos
Rhodes
Qatar
United Arab Emirates
Zakynthos
6
In Part 2 of Schedule 3 (United Kingdom Overseas Territories), at the appropriate place insert—
Turks and Caicos Islands
7
In Part 1 of Schedule 3 (exempt countries and territories outside the common travel area), omit—
Greece
8
In Part 2 of Schedule 3 (United Kingdom Overseas Territories), omit—
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Transitional provision relating to regulation 2(3)I33
Regulation 12B of the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020, inserted by regulation 2(3) of these Regulations, does not apply in respect of any flight or voyage that commenced before these Regulations come into force.
Transitional provision in connection with regulation 2(5) and (6)I44
1
Paragraph (2) applies where, immediately before 4.00 a.m. on 14 November 2020—
a
a person (“P”) was subject to an isolation requirement by virtue of having arrived in Wales from, or having been in a country or territory listed in regulation 2(5) or (6), and
b
P's last day of isolation is 14 November 2020 or later.
2
The addition of the countries and territories listed in regulation 2(5) and (6) to Parts 1 and 2 of Schedule 3 to the International Travel Regulations does not affect the isolation requirement as it applies to P, nor affect how P's last day of isolation is determined under the International Travel Regulations.
3
Paragraph (4) applies where a person (“P”)—
a
arrives in Wales at or after 4.00 a.m. on 14 November 2020, and
b
was in a country or territory listed in regulation 2(5) or (6) within the period of 14 days ending with the day of P's arrival in Wales.
4
For the purposes of regulations 7(1) and 8(1) of the International Travel Regulations, the question of whether P has arrived in Wales from, or having been in, a non-exempt country or territory is, in relation to a country or territory listed in regulation 2(5) or (6), to be determined by reference to whether the country or territory was a non-exempt country or territory when P was last there (and not by reference to the country's or the territory's status upon P's arrival in Wales).
5
In this regulation, “isolation requirement” has the meaning given by regulation 10(2) of the International Travel Regulations; and references to P's last day of isolation are to be interpreted in accordance with regulation 12 of those Regulations.
Transitional provision in connection with regulation 2(7) and (8)I55
1
Paragraph (2) applies where a person (“P”)—
a
arrives in Wales at or after 4.00 a.m. on 14 November 2020, and
b
was last in a country or territory listed in regulation 2(7) or (8)—
i
within the period of 14 days ending with the day of P's arrival in Wales, and
ii
before 4.00 a.m. on 14 November 2020.
2
P is, by virtue of having been in a country or territory listed in regulation 2(7) or (8), 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.
Amendment of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020I66
1
The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 F3 are amended as follows.
2
In regulation 18A—
a
in paragraph (2)—
i
omit “4,”;
ii
after “with P” insert “
, until the end of the restriction period
”
;
b
in paragraph (3), for “period of 14 days beginning with the day on which P arrived in Wales” substitute “
restriction period
”
;
c
in paragraph (4), after sub-paragraph (c) insert—
d
to travel for the purpose of leaving Wales .
d
after paragraph (4) insert—
5
In this regulation, the “restriction period” in relation to P and any person living in the same household with P, means the period ending with the day 14 days after P last arrived in Wales before 4.00 a.m. on 7 November 2020—
a
from Denmark, or
b
from any other place, having been in Denmark since P was previously in Wales.
3
In regulation 28—
a
in paragraph (1), omit “18A(3)”;
b
in paragraph (4), for “or 14(2)” substitute “
, 14(2) or 18A(3)
”
.
4
In regulation 31—
a
in paragraph (1), omit “18A(3)”;
b
in paragraph (4), for “or 14(2)” substitute “
, 14(2) or 18A(3)
”
.
5
In regulation 35(1)(a), after “16,” insert “
18A(3),
”
.
Amendment of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020I77
In regulation 4 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 F4, omit paragraph (5).
1984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.