2021 No. 1212 (W. 303)
The Health Protection (Coronavirus, Restrictions, International Travel, Notification and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021
Made
Laid before Senedd Cymru
Coming into force in accordance with regulation 1
The Welsh Ministers, in exercise of the powers conferred on them by sections 45B, 45C(1) and (3)(c), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 19841, make the following Regulations.
The Welsh Ministers consider that the 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 relation to the provision made by regulation 18 of these Regulations, in accordance with section 45Q(3) of the Public Health (Control of Disease) Act 1984, the Welsh Ministers are of the opinion that the instrument does not contain any provision made by virtue of section 45C(3)(c) of the Act which imposes or enables the imposition of a special restriction or requirement, or any other restriction or requirement which has or would have a significant effect on a person’s rights.
PART 1General
Title and coming into forceI1I11
1
The title of these Regulations is the Health Protection (Coronavirus, Restrictions, International Travel, Notification and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021.
2
These Regulations, except for regulations 3, 12 and 18, come into force at 4.00 a.m. on 31 October 2021.
3
Regulations 3, 12 and 18 come into force at 4.00 a.m. on 1 November 2021.
PART 2Amendments to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020
Amendments to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020I2I22
The Health Protection (Coronavirus, International Travel) (Wales) Regulations 20202 are amended as follows.
Amendments to regulation 2AI33
1
Regulation 2A (exemptions for vaccinated travellers and others) is amended as follows.
2
In paragraph (10) in the definition of “authorised vaccine”, for paragraph (c) substitute—
c
in relation to doses received in any other country or territory (including a relevant country listed in paragraph (12)), which would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom;
3
In paragraph (12), at the appropriate places insert—
Angola
Anguilla
Argentina
Armenia
Azerbaijan
Belize
Bermuda
Botswana
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Cambodia
Cayman Islands
Costa Rica
Djibouti
Eswatini
Falkland Islands
Gibraltar
Guernsey
Guyana
Honduras
Isle of Man
Jersey
Lebanon
Lesotho
Madagascar
Mauritius
Mongolia
Montserrat
Nepal
Occupied Palestinian Territories
Panama
Pitcairn, Henderson, Ducie and Oeno Islands
Saint Helena, Ascension and Tristan da Cunha
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Peru
Rwanda
Seychelles
Sierra Leone
Sri Lanka
Suriname
Tanzania
Trinidad and Tobago
Tunisia
Uganda
Uruguay
Amendments to regulation 6ABI4I44
1
Regulation 6AB (requirement to book and undertake tests) is amended as follows.
2
For paragraph (2)(a) substitute—
a
a “day 2 test”—
i
in respect of a person to whom regulation 2A does not apply, is a test complying with paragraph 1 of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule;
ii
in respect of a regulation 2A traveller, means—
aa
a test described in sub-paragraph (i), or
bb
a test complying with paragraph 1ZB of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule;
Amendments to regulation 6DBI5I55
1
Regulation 6DB (requirement to isolate on failure to take tests: travellers from exempt countries and territories and regulation 2A travellers) is amended as follows.
2
In the heading, omit “travellers from exempt countries and territories and”.
3
For sub-paragraph (1) substitute—
1
This regulation applies to a regulation 2A traveller (“P”) to whom regulation 6AB(1) applies.
4
In paragraph (5)(a), for “paragraph 1 of Schedule 1C” substitute “regulation 6AB(2)(a)(ii)”.
Substitution of regulation 6EI6I66
For regulation 6E (consequences of positive test result) substitute—
Consequences of positive test result6E
1
Where a test taken by a person (“P”) in accordance with regulation 6AB is positive and—
a
P is a person to whom regulation 7(1) or 8(1) applies, paragraphs (2) and (7) apply;
b
P is a regulation 2A traveller—
i
where the test is a day 2 PCR test, paragraphs (3) and (7) apply;
ii
where the test is a day 2 LFD test, paragraphs (4), (5) and (7) apply.
2
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).
3
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.
4
P must as soon as reasonably practicable undertake a confirmatory test provided by the Welsh Ministers for the purposes of this paragraph.
5
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 earlier of—
a
the last day of the period of 10 days beginning with the day on which P took the day 2 LFD test;
b
the time that P is notified that the result of the confirmatory test undertaken in accordance with paragraph (4) is negative.
6
In this regulation, a person is deemed to receive notification of a result in relation to a day 2 LFD test when the person determines the result in accordance with the test manufacturer’s instructions for use.
7
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 Coronavirus Restrictions Regulations do not apply in relation to P.
8
In this regulation—
“day 2 LFD test” means a test within the meaning of regulation 6AB(2)(a)(ii)(bb);
“day 2 PCR test” means a test within the meaning of regulation 6AB(2)(a)(ii)(aa).
Amendments to regulation 6HBI7I77
1
Regulation 6HB (consequences of receiving inconclusive test result: travellers from exempt countries and territories and regulation 2A travellers) is amended as follows.
2
In the heading, omit “travellers from exempt countries and territories and”.
3
For sub-paragraph (1) substitute—
1
This regulation applies to a regulation 2A traveller (“P”) to whom regulation 6AB(1) applies.
4
In paragraph (5)(a), for “paragraph 1 of Schedule 1C” substitute “regulation 6AB(2)(a)(ii)”.
Amendments to regulation 14I8I88
1
Regulation 14 (offences) is amended as follows.
2
After paragraph (1)(h) insert—
ha
6E(4);
3
In paragraph (1D), after “6AB” insert “or 6E(4)”.
Amendments to regulation 16I9I99
In regulation 16(6AB) (fixed penalty notices)—
a
in the opening words, after “regulation 14(1)(h)” insert “or (ha)”;
b
in sub-paragraph (b), after “6AB(7)” insert “or 6E(4)”;
c
in sub-paragraph (c), after “6AB(7)” insert “or 6E(4)”.
Amendments to Schedule 1I10I1010
In paragraph 2 of Schedule 1 (passenger information), omit sub-paragraphs (e) and (k)(iv).
Amendments to Schedule 1CI11I1111
1
Schedule 1C (mandatory testing after arrival in Wales) is amended as follows.
2
After paragraph 1ZA insert—
Day 2 tests: general requirements for lateral flow device tests1ZB
1
A day 2 test complies with this paragraph where the test complies with sub-paragraph (2) and—
a
it is a test provided by a public test provider; or
b
it is a test provided by a private test provider where the private test provider complies with paragraph 1ZC.
2
A test complies with this sub-paragraph where—
a
it is a test for the detection of coronavirus which uses one or more of—
i
mid-turbinate or anterior nares nasal swabbing;
ii
tonsillar swabbing;
iii
saliva;
b
it is uniquely identifiable;
c
it is provided in accordance with the test manufacturer’s instructions for use including, in particular, instructions as to the target use, target user and target use settings; and
d
any device used for the purposes of the test can be put into service in accordance with Part 4 of the Medical Devices Regulations 20023, other than solely by virtue of regulation 39(2) of those Regulations.
Day 2 tests: private test provider requirements for lateral flow device tests1ZC
1
A private test provider complies with this paragraph where—
a
they comply with the requirements of paragraph 1ZA(1)(a) to (e) and (h);
b
they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing published at gov.uk/guidance/day-2-lateral-flow-tests-for-international-arrivals-minimum-standards-for-providers on 21 October 2021 and the Secretary of State has confirmed in writing that it considers the provider meets those standards;
c
they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;
d
they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;
e
they receive the information required by regulation 6AB(5), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in Wales;
f
they have in place a system in place to reject results from devices which have been previously used;
g
each day, they notify the Secretary of State in writing of—
i
the number of tests they sold on that day, and
ii
in relation to each test sold on that day—
aa
the date of the arrival in the United Kingdom of the person in respect of whom the test was sold,
bb
whether it is a polymerase chain reaction or lateral flow device, and
cc
the test reference number given to P in accordance with regulation 6AB(6);
iii
in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (cc);
h
if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—
i
paragraph 1ZA(1)(b) to (e) and (h) as applied by paragraph (a) of this sub-paragraph;
ii
paragraph (c) to (g) of this sub-paragraph;
iii
paragraph 2D(2) and (4).
2
For the purposes of sub-paragraph (1)(h), “single end-to-end testing service” means a service which comprises any of the following elements where they are part of the service offered by the test provider—
a
accepting the booking from the person to be tested;
b
providing the test;
c
collecting and processing the test once it has been undertaken;
d
analysing the test;
e
verifying the result of the test;
f
providing notification of the test result.
3
For paragraph (1A) substitute—
1A
The circumstances mentioned in regulation 6AB(2)(a) are—
a
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, and
b
in relation to a test described in regulation 6AB(2)(a)(ii)(bb) not administered by a test provider, that P provides the test provider with the following information within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use—
i
photographic evidence clearly showing—
aa
the test device in such a way that it is identifiable as having been provided by the test provider,
bb
the test reference number given in accordance with regulation 6AB(6), and
cc
the test result, and
ii
the address at which P is able to receive a confirmatory test pursuant to regulation 6E(4).
4
After paragraph 2C insert—
Notification of test results: lateral flow device tests2D
1
This paragraph applies to a private test provider who administers or provides a test within the meaning of regulation 6AB(2)(a)(ii)(bb) to P in the circumstances described in paragraph 1A.
2
The private test provider must, within 24 hours of the relevant event—
a
notify P and, where applicable, any person who arranges the test on P’s behalf, by email, letter or text message, the result of P’s test, or
b
make P’s test result available to P and, where applicable, any person who arranges the test on P’s behalf, via a secure web portal,
in accordance with sub-paragraph (4).
3
In paragraph (2), “relevant event” means—
a
where the test provider administered the test, the time at which the test provider determined the results of the test;
b
where the test provider did not administer the test, the time at which the test provider received the information required to be provided by paragraph 1A(b).
4
The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed so as to inform P whether the test was negative, positive, or inconclusive.
5
In paragraph 3(d), after ““single end-to-end testing””, insert “, except in paragraph 1ZC(1)(h),”.
Amendments to Schedule 3AI1212
In Schedule 3A (countries and territories subject to additional measures) omit—
Colombia
Dominican Republic
Ecuador
Haiti
Panama
Peru
Venezuela
F1PART 3Amendment of the Health Protection (Notification) (Wales) Regulations 2010
Amendment of the Health Protection (Notification) (Wales) Regulations 2010F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to regulation 4AF114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to regulation 5F115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment to regulation 7F116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Amendment of the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020
Amendment of the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020I13I1317
For regulation 3A(4)(a) (provision of information prior to departure) of the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 20205 substitute—
a
where the information is provided by text message or push notification, text which—
i
informs P of the requirement to provide information,
ii
informs P that penalties apply for failure to comply with the requirement to provide information,
iii
includes a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,
iv
informs P of the requirement to possess notification of a negative test result in accordance with regulation 6A of the International Travel Regulations, and
v
informs P of the requirement to arrange tests before arriving in Wales in accordance with regulation 6AB of the International Travel Regulations;
PART 5Amendment of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020
Amendment of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020I1418
In regulation 16A(12) (specific measures applicable to premises where music is provided for dancing or at which specified events are held) of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20206, at the appropriate places insert—
Angola
Anguilla
Argentina
Armenia
Azerbaijan
Belize
Bermuda
Botswana
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Cambodia
Cayman Islands
Costa Rica
Djibouti
Eswatini
Falkland Islands
Gibraltar
Guernsey
Guyana
Honduras
Isle of Man
Jersey
Lebanon
Lesotho
Madagascar
Mauritius
Mongolia
Montserrat
Nepal
Occupied Palestinian Territories
Panama
Pitcairn, Henderson, Ducie and Oeno Islands
Saint Helena, Ascension and Tristan da Cunha
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Peru
Rwanda
Seychelles
Sierra Leone
Sri Lanka
Suriname
Tanzania
Trinidad and Tobago
Tunisia
Uganda
Uruguay
(This note is not part of the Regulations)
Pt. 3 revoked (11.2.2022 at. 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022 (S.I. 2022/126), reg. 1(2)(4)