The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021

New regulation 6AB (requirement to book and undertake tests)

3.  For regulations 6B and 6C substitute—

“Requirement to book and undertake tests

6AB.— (1) This regulation applies to a person (“P”) aged 5 or over who—

(a) arrives in Wales,

(b) has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and

(c) is not a person described in—

(i) paragraph 1(1)(a) to (k) of Schedule 2 who satisfies the conditions in paragraph 1(2) of that Schedule;

(ii) paragraphs 2 to 16, and 36 of Schedule 2;

(iii) paragraph 14 of Schedule 5.

(2) In this Part—

(a) a “day 2 test” is a test complying with paragraph 1 of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule;

(b) a “day 8 test” is a test complying with paragraph 2 of Schedule 1C which is undertaken in the circumstances described in paragraph 2A of that Schedule;

(c) a “public test provider” is a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006, the National Health Services Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972;

(d) “testing package” means—

(i) in respect of a person to whom regulation 7(1) or 8(1) applies, a booking for a day 2 test and a day 8 test;

(ii) in respect of a person (“P”) who arrives in Wales having been in an exempt country or territory listed in Schedule 3 within the period of 10 days ending with the day of P’s arrival in Wales, a booking for a day 2 test.

(3) Where P is an adult, P must on arrival in Wales possess a testing package arranged with a public test provider—

(a) for P, and

(b) for a child aged 5 or over for whom P has responsibility and with whom P is travelling.

(4) Where P is an adult who arrives in Wales without possessing a testing package required under paragraph (3), P must as soon as practicable obtain a testing package.

(5) A test is not to be treated as having been arranged in accordance with this regulation unless—

(a) the person arranging the tests notified the public test provider that the tests were being arranged for the purposes of this regulation, and

(b) the information in Schedule 1B was provided to the public test provider in relation to P.

(6) When the tests are arranged, the public test provider must provide a test reference number—

(a) to P, and

(b) to any person who arranges tests on P’s behalf.

(7) Subject to paragraph (8), where P—

(a) is an adult, they must undertake the tests in accordance with their testing package;

(b) is a child aged 5 or over, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(8) Where P’s day 2 test generates a positive result, P is not required to undertake a day 8 test.

(9) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(10) Where a replacement test is undertaken instead of—

(a) a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b) a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(11) A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.”