The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021

PART 2 Pre-Departure Testing

Amendment of the International Travel Regulations

3.—(1) The International Travel Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) at the appropriate place, insert—

(a) ““device” (“dyfais”) means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002(1);”;

(b) ““qualifying test” ( “prawf cymhwysol”) means a test that is a qualifying test for the purposes of regulation 6A;”;

(c) ““sensitivity” (“sensitifrwydd”), in relation to a device, means how often the device correctly generates a positive result;”;

(d) ““specificity” (“penodolrwydd”), in relation to a device, means how often the device correctly generates a negative result;”.

(3) After regulation 6 (passenger information not in a person’s possession or control), insert—

“PART 2A Notification of a negative test result etc.

Requirement to possess notification of a negative test result

6A.— (1) A person (“P”) aged 11 or over who arrives in Wales from outside the common travel area must, possess on arrival —

(a) valid notification of a negative result from a qualifying test taken by P, and

(b) where P is an adult who arrives in Wales accompanied by a child aged 11 or over for whom P has responsibility, valid notification of a negative result from a qualifying test taken by the child.

(2) Where P—

(a) possesses a notification referred to in paragraph (1), and

(b) is requested by an immigration officer to do so,

P must produce, physically or digitally, the notification, if requested to do so by an immigration officer.

(3) Paragraphs (1) and (2) do not apply to P if P is a child aged under 11 who arrives in Wales accompanied by an adult who has responsibility for P.

(4) In paragraphs (1) and (2), references to P do not include—

(a) a person described in paragraph 2, 3, 4, 7, 8, 9, 10, 11, 12 or 28 of Schedule 2,

(b) a road haulage worker as described in paragraph 6 of Schedule 2,

(c) a person described in any sub-paragraph of paragraph 3(1) of Schedule 1A.

(5) For the purposes of this regulation—

(a) a test is a qualifying test if it complies with paragraph 1 of Schedule 1A,

(b) a notification of a negative result is valid if it includes the information specified in paragraph 2 of Schedule 1A.”

(4) In regulation 14 (offences)—

(a) after paragraph (1)(a), insert—

“(aa) 6A(1) or (2),”,

(b) after paragraph (1), insert—

“(1A) But a person does not commit an offence where they contravene a requirement in regulation 6A(1), if they reasonably believed at the time of the contravention that a notification in their possession of a negative result relating to the person or to a child for whom the person has responsibility (as the case may be) was valid and from a qualifying test (for the purposes of that regulation).”,

(c) after paragraph (5), insert—

“(5A) In relation to an offence of contravening regulation 6A(1), the circumstances under which a person has a reasonable excuse include where—

(a) a person was medically unfit to provide a sample for a qualifying test before travelling to Wales and possesses a document, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b) it was not reasonably practicable for a person to obtain a qualifying test before travelling to Wales due to—

(i) a disability,

(ii) the need to obtain urgent medical treatment

(c) a person was accompanying, in order to provide support (whether medical or otherwise), a person described in sub-paragraph (b) and where it was not reasonably practicable for the accompanying person to obtain a qualifying test before travelling to Wales,

(d) a person began their journey to Wales in a country or territory in which a qualifying test was not available to the public (with or without payment) or in which it was not reasonably practicable for a person to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(e) the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in Wales meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 1A, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.”.

(5) In regulation 16 (fixed penalty notices)—

(a) In paragraph (1)(a)(i), after “5(2)”, insert “6A(1) or (2)”

(b) After paragraph (6)(a), insert—

“(aa) of contravening a requirement imposed by regulation 6A,”.

(6) After Schedule 1, insert—

Regulation 6A

“SCHEDULE 1A Testing before arrival in Wales

1.   A test complies with this paragraph if—

(a) it is a test for the detection of coronavirus, which is—

(i) a polymerase chain reaction test, or

(ii) undertaken using a device which the manufacturer states has—

(aa) a sensitivity of at least 80%,

(bb) a specificity of at least 97%, and

(cc) a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b) it is not a test provided or administered under the National Health Service Act 2006(2), the National Health Service (Wales) Act 2006(3), the National Health Service (Scotland) Act 1978(4), or the Health and Personal Social Services (Northern Ireland) Order 1972(5), and

(c) the test sample is taken from the person no more than 72 hours before—

(i) in the case of that person travelling to Wales on a commercial transport service, the service’s scheduled time of departure, or

(ii) in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to Wales.

2.   Notification of a negative test result must include, in English, French, or Spanish, the following information—

(a) the name of the person from whom the sample was taken,

(b) that person’s date of birth,

(c) the (negative) result of the test,

(d) the date the test sample was collected or received by the test provider,

(e) a statement that the test was—

(i) a polymerase chain reaction test, or

(ii) undertaken using a device which has a sensitivity of at least 80%, a specificity of at least 97%, and a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(f) the name of the manufacturer of the test device that was used,

(g) the name of the test provider.

3.— (1) The persons referred to in regulation 6A(4)(a) (as not being required to comply with that regulation) are—

(a) a person described in paragraph 8 of Schedule 2, even if their travel to the United Kingdom in the course of their work or repatriation to the United Kingdom is not in accordance with either of the conventions referred to in that paragraph,

(b) a person described in—

(i) paragraph 13(1)(b) of Schedule 2 where, prior to the person’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 6A, or

(ii) paragraph 13A of Schedule 2 where, prior to person’s departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with regulation 6A,

(c) a Crown servant or government contractor (“C”) who is required to undertake essential government work or essential policing in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 6A,

(d) a representative (“R”) of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i) the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign Commonwealth and Development Office that R is required to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii) the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa) it has received that confirmation, and

(bb) R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 6A,

(e) a worker with specialist technical skills, where those specialist technical skills are required for emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods or services, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.

(2) In sub-paragraph (1)—

“consular post” (“swyddfa gonsylaidd”) has the meaning given in paragraph 1(3) of Schedule 2;

“Crown servant” (“gwas i’r Goron”), “essential government work” (“gwaith llywodraeth hanfodol”), “essential policing” (“plismona hanfodol”) and “government contractor” (“contractwr llywodraeth”) have the meanings given in paragraph 13(2) of Schedule 2. ”.

(1)

S.I. 2002/618, to which there are amendments not relevant to these Regulations.

(2)

2006 c. 41.

(3)

2006 c. 42.

(4)

1978 c. 29.

(5)

1972 No. 1265 (N.I. 14).