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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in response to the danger to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales. Section 45B of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of (amongst other things) preventing danger to public health from “vessels, aircraft, trains or other conveyances arriving at any place”.

Part 2 of these Regulations amends the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (S.I. 2020/574 (W. 132)) (“the International Travel Regulations”) to introduce a requirement for persons travelling to Wales from outside the common travel area to possess a notification of a negative coronavirus test upon arrival in Wales.

Regulation 3(2) of these Regulations inserts a new regulation 6A into the International Travel Regulations, which sets out the notification requirements and provides details of persons who are exempt from these requirements. Regulation 6A also references a new Schedule 1A into the International Travel Regulations, which is inserted by regulation 3(6) and provides further details as to what constitutes a valid test and notification for the purposes of regulation 6A and gives further details in relation to categories of exempt persons.

Regulation 3(3) amends regulation 14 of the International Travel Regulations so that a breach of the requirements in regulation 6A is a criminal offence and a non-exhaustive list of reasonable excuses that can be raised in defence are listed.

Regulation 3(4) amends regulation 16 of the International Travel Regulations so that a fixed penalty notice can be issued in relation to an offence committed under regulation 6A.

Part 3 of these Regulations introduces a requirement for persons operating international passenger services (“operators”) arriving into Wales from outside the common travel area to ensure that passengers on such services possess notification of a negative test result (regulation 5(1)). A breach of this requirement is an offence (regulation 6(1)).

Regulation 7 allows an authorised person to deal with an offence under regulation 6(1) by way of fixed penalty notice. A fixed penalty notice must give details of the particulars of the offence, including the name of the passenger who has failed to provide notification of a negative test result.

A full impact assessment has not been completed due to the urgent nature of this instrument. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.