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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (S.I. 2020/574 (W. 132)) (“the International Travel Regulations”), the Health Protection (Notification) (Wales) Regulations 2010 (S.I. 2010/1546 (W. 144)) (“the Notification Regulations”), the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020 (S.I. 2020/595 (W. 136)) (“the Public Health Information Regulations”) and the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609 (W. 335)) (“the Restrictions Regulations”).

Part 2 of these Regulations amends the International Travel Regulations.

The International Travel Regulations impose requirements on persons entering Wales after having been abroad. They include requirements for booking and undertaking coronavirus tests in accordance with those Regulations. The requirements imposed by the International Travel Regulations are subject to exceptions, and certain categories of person are exempt from having to comply. The International Travel Regulations also make specific provisions for “regulation 2A travellers”; including individuals who have been fully vaccinated in prescribed countries and territories.

Regulation 3 of these Regulations amends regulation 2A (exemptions for vaccinated travellers and others) of the International Travel Regulations, extending the recognition of vaccinations to further countries and territories.

Regulation 4 amends regulation 6AB (requirement to book and undertake tests) of the International Travel Regulations so as to enable regulation 2A travellers to use lateral flow device (“LFD”) tests for the purposes of the Regulations.

Regulation 6 contains provision requiring a person to undertake a confirmatory polymerase chain reaction (“PCR”) test where they receive a positive test result on a LFD test, as well as containing provision on isolation requirements following positive results.

Regulation 8 introduces an offence for failing to undertake a confirmatory PCR test.

Regulations 5, 7 to 9, and 11 make further provision in relation to the introduction of LFD testing.

Regulation 10 amends Schedule 1 to the International Travel Regulations to remove the requirement for passengers to list their seat numbers on Passenger Locator Forms (“PLF”).

Non-exempt persons are prohibited from entering Wales where they have been in a country or territory listed in Schedule 3A (countries and territories subject to additional measures) to the International Travel Regulations within the last 10 days of arrival, pursuant to regulation 12E (additional measures applicable to persons travelling from a country or territory listed in Schedule 3A) of the International Travel Regulations. Regulation 12 of these Regulations amends Schedule 3A to remove various countries from the list of countries or territories to which regulation 12E applies.

Part 3 of these Regulations amends the Notification Regulations, in consequence of the introduction of LFD testing in the International Travel Regulations to ensure Public Health Wales are notified of test results.

The Public Health Information Regulations impose requirements on operators of international passenger services coming from outside the common travel area to an airport, heliport or seaport in Wales to provide passengers with specified public health information. Part 4 of these Regulations amends the Public Health Information Regulations, in consequence of the PLF amendments made to the International Travel Regulations at regulation 10.

Part 5 of these Regulations amends regulation 16A(12) of the Restrictions Regulations, further extending the list of countries and territories in that paragraph so that evidence of vaccination in those countries with vaccines authorised in the United Kingdom is also acceptable for the purposes of what is commonly known as the COVID-pass. The amendment is required to maintain consistency with regulation 2A of the International Travel Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely costs and benefits of complying with these Regulations.