xmlns:atom="http://www.w3.org/2005/Atom"

Welsh Statutory Instruments

2020 No. 1015 (W. 226)

Public Health, Wales

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 11) Regulations 2020

Made

at 1.17 p.m. on 18 September 2020

Laid before Senedd Cymru

at 4.30 p.m. on 18 September 2020

Coming into force

at 4.00 a.m. on 19 September 2020

The Welsh Ministers, in exercise of the powers conferred on them by sections 45B and 45P(2) of the Public Health (Control of Disease) Act 1984(1), make the following Regulations.

PART 1General

Title, coming into force and interpretation

1.—(1) The title of these Regulations is the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 11) Regulations 2020.

(2) These Regulations come into force at 4.00 a.m. on 19 September 2020.

(3) In these Regulations, the “International Travel Regulations” means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020(2).

PART 2Amendments to the list of exempt countries in Schedule 3 to the International Travel Regulations

Addition to the list of exempt countries and territories

2.—(1) In Part 1 of Schedule 3 to the International Travel Regulations (exempt countries and territories outside the common travel area), at the appropriate place insert—

“Thailand”.

(2) In Part 2 of Schedule 3 to the International Travel Regulations (exempt countries and territories outside the common travel area), at the appropriate place insert—

“Gibraltar”.

Transitional provision in connection with regulation 2

3.—(1) Paragraph (2) applies where, immediately before 4.00 a.m. on 19 September 2020—

(a)a person (“P”) was subject to an isolation requirement by virtue of having arrived in Wales from, or having been in a country or territory listed in regulation 2, and

(b)P’s last day of isolation is 19 September 2020 or a day after that day.

(2) The addition of the country and territory listed in regulation 2 to Parts 1 and 2 of Schedule 3 to the International Travel Regulations does not affect the isolation requirement as it applies to P, nor affect how P’s last day of isolation is determined under the International Travel Regulations.

(3) Paragraph (4) applies where a person (“P”)—

(a)arrives in Wales at or after 4.00 a.m. on 19 September 2020, and

(b)was in a country or territory listed in regulation 2 within the period of 14 days ending with the day of P’s arrival in Wales.

(4) For the purposes of regulations 7(1) and 8(1) of the International Travel Regulations, the question of whether P has arrived in Wales from, or having been in, a non-exempt country or territory is, in relation to a country or territory listed in regulation 2, to be determined by reference to whether the country or territory was a non-exempt country or territory when P was last there (and not by reference to the country’s or the territory’s status upon P’s arrival in Wales).

(5) In this regulation, “isolation requirement” has the meaning given by regulation 10(2) of the International Travel Regulations; and references to P’s last day of isolation are to be interpreted in accordance with regulation 12 of those Regulations.

Removal of countries and territories from the list of exempt countries and territories

4.  In Part 1 of Schedule 3 to the International Travel Regulations (exempt countries and territories outside the common travel area), omit—

“Guadeloupe”

“Slovenia”.

Transitional provision in connection with regulation 4

5.—(1) Paragraph (2) applies where a person (“P”)—

(a)arrives in Wales at or after 4.00 a.m. on 19 September 2020, and

(b)was last in a country or territory listed in regulation 4—

(i)within the period of 14 days ending with the day of P’s arrival in Wales, and

(ii)before 4.00 a.m. on 19 September 2020.

(2) P is, by virtue of having been in that country or territory, to be treated for the purposes of regulations 7(1) and 8(1) of the International Travel Regulations as having arrived in Wales from, or having been in, a non-exempt country or territory.

PART 3Amendment to Schedule 2 to the International Travel Regulations

Amendment to Schedule 2 (exempt persons)

6.  In Schedule 2 to the International Travel Regulations (exempt persons), for paragraph 38(1) of the Welsh language text substitute—

“38.—(1) Person sy’n preswylio fel arfer yn y Deyrnas Unedig—

(a)sy’n athletwr elît a fu’n cymryd rhan mewn cystadleuaeth elît dramor,

(b)a fu’n darparu cymorth i athletwr elît mewn cystadleuaeth elît dramor neu a fu fel arall yn ei hyfforddi, neu

(c)a fu’n gwasanaethu fel swyddog mewn cystadleuaeth elît dramor neu a fu fel arall yn ymwneud â’i rhedeg,

pan fo’r person wedi teithio i’r Deyrnas Unedig i ddychwelyd o’r gystadleuaeth elît dramor.”

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

At 1.17 p.m. on 18 September 2020

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 International Travel Regulations have been previously amended by:

The International Travel Regulations impose requirements on persons entering Wales after having been abroad. They include a requirement for persons arriving in Wales to isolate for a period determined in accordance with the Regulations. The requirements imposed by the International Travel Regulations are subject to exceptions, and certain categories of person are exempt from having to comply. Persons entering Wales after being in one or more of the countries and territories listed in Schedule 3 to the International Travel Regulations are not required to isolate. The countries and territories listed in Schedule 3 are referred to as “exempt countries and territories”.

Part 2 of these Regulations amends the list of exempt countries and territories.

Regulation 2 of these Regulations amends the International Travel Regulations to add Gibraltar and Thailand to the list of exempt countries and territories.

Regulation 4 of these Regulations amends the International Travel Regulations to remove Guadeloupe and Slovenia from the list of exempt countries and territories.

Regulations 3 and 5 of these Regulations make transitional provision relating to these countries’ and territories’ change of status. The transitional provision addresses a potential area of doubt in terms of the effect on the operation of the International Travel Regulations, of the amendments made by regulations 2 and 4 of these Regulations.

In Part 3 of these Regulations, Regulation 6 corrects a technical error identified in the Welsh language text at paragraph 38(1) of Schedule 2 to the International Travel Regulations (exempt persons).

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 cost and benefit of complying with these Regulations.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The function of making regulations under Part 2A is conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister as respects Wales, is the Welsh Ministers.