The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020

PART 3 Requirement to isolate etc.

Requirement to isolate: arrivals from outside the United Kingdom

7.—(1) This regulation applies to a person (“P”)—

(a) who arrives in Wales by ship or aircraft from a place outside the common travel area, or

(b) who—

(i) arrives in Wales by ship or aircraft from the Republic of Ireland, the Channel Islands or the Isle of Man, and

(ii) has, within the period of 14 days ending with the day of P’s arrival in Wales, arrived in the common travel area from a place outside that area.

(2) P must—

(a) travel directly to specified premises in Wales suitable for P to reside in until the end of the last day of P’s isolation, or

(b) travel directly to a part of the United Kingdom other than Wales.

(3) Where P travels to specified premises in Wales to reside in, as required by paragraph (2)(a), P may not leave or be outside the premises before the end of the last day of P’s isolation unless—

(a) authorised by regulation 10(4) (temporary departure from premises) to do so, or

(b) this paragraph ceases to apply in relation to P by virtue of regulation 10(3) (leaving Wales).

(4) For the purposes of paragraphs (2) and (3), the specified premises are—

(a) the premises specified in P’s passenger information as the premises at which P intends to reside for the purposes of this regulation (unless sub-paragraph (d) applies to P);

(b) if P is a person described in—

(i) paragraph 1(1)(a) to (k) of Schedule 2 who has not satisfied the conditions in paragraph 1(2) of that Schedule, or

(ii) paragraph 1(1)(l) of that Schedule,

premises at which P intends to reside for the purposes of this regulation;

(c) if P’s passenger information does not specify premises at which P intends to reside for the purposes of this regulation, the premises arranged by P under paragraph (5);

(d) if P is subject to a requirement imposed under or by virtue of the Immigration Acts to reside at particular premises in Wales, those premises.

(5) Where P’s passenger information does not specify premises at which P intends to reside for the purposes of this regulation, P must, as soon as is reasonably practicable—

(a) make arrangements to reside at premises in Wales suitable for P to reside in until the end of the last day of P’s isolation, and

(b) notify the Secretary of State of the address of those premises electronically using a facility provided by the Secretary of State for this purpose.

(6) But where P arrived in Wales at a port, P must comply with the requirements of paragraph (5) before leaving the port.

(7) Where paragraph (5) applies, the Welsh Ministers must provide or secure the provision of such assistance as they consider necessary (if any) to ensure P is able to make the arrangements mentioned in paragraph (5)(a).

Requirement to isolate: arrivals from another part of the United Kingdom

8.—(1) This regulation applies to a person (“P”) —

(a) who arrives in Wales from elsewhere in the United Kingdom, and

(b) has within the period of 14 days ending with the day of P’s arrival in Wales, arrived in the common travel area from a place outside that area.

(2) But references to P do not include—

(a) a person—

(i) who arrives in Wales for the purpose of returning to the premises in Wales at which the person is residing for the purposes of regulation 7(3), and

(ii) who left Wales temporarily, for one or more of the reasons authorised by regulation 10(4);

(b) a person—

(i) who is required to reside at premises elsewhere in the United Kingdom by provision in Regulations made as respects England, Scotland or Northern Ireland (as the case may be) that are equivalent to these Regulations,

(ii) who is permitted to leave that other part of the United Kingdom temporarily by virtue of those Regulations, and

(iii) who remains in Wales for no longer than is necessary.

(3) P must—

(a) travel directly to premises in Wales that are suitable for P to reside in until the end of the last day of P’s isolation, and

(b) may not leave or be outside the premises before the end of the last day of P’s isolation unless—

(i) authorised by regulation 10(4) (temporary departure from premises) to do so, or

(ii) this paragraph ceases to apply in relation to P by virtue of regulation 10(3) (leaving Wales).

(4) P must also—

(a) before arriving in Wales, or

(b) as soon as practicable after arriving,

notify the Secretary of State of the address of the premises at which P intends to reside for the purposes of paragraph (3) electronically using a facility provided by the Secretary of State for this purpose.

Isolation requirements: exemptions

9.  Regulations 7 and 8 do not apply to a person described in —

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

(b) paragraphs 2 to 36 of Schedule 2.

Isolation requirements: exceptions

10.—(1) This regulation applies where a person (“P”) is required to reside in (and not leave or be outside of) premises in Wales by an isolation requirement.

(2) “Isolation requirement” in relation to P means a requirement imposed by—

(a) regulation 7(3);

(b) regulation 8(3)(b).

(3) An isolation requirement ceases to apply in relation to P if P leaves Wales, unless P is temporarily outside Wales for a purpose authorised by paragraph (4)(b) to (j).

(4) P may leave and be outside of the premises for as long as is necessary—

(a) to travel for the purpose of leaving Wales in the manner described by paragraph (3);

(b) to obtain basic necessities (including for other persons at the premises or any pets at the premises), where it is not possible or practicable—

(i) for another person at the premises to obtain them on P’s behalf, or

(ii) to obtain them by delivery to the premises from a third party;

(c) to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner;

(d) to receive a health service provided by a registered medical practitioner, where the provision of the service was arranged before P’s arrival in the United Kingdom;

(e) to assist a person receiving a health service described in paragraph (d), or to accompany that person if P is a child for whom the person has responsibility;

(f) to access veterinary services where—

(i) they are required urgently for a pet at the premises, and

(ii) it is not possible for another person at the premises to access those services;

(g) to carry out specified activities in relation to edible horticulture, but only if P is residing at the premises in connection with those activities;

(h) to avoid illness or injury or to escape a risk of harm;

(i) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(j) to access public services (including social services or victims’ services) where—

(i) access to the service is critical to P’s well-being, and

(ii) the service cannot be provided if P remains at the premises;

(k) for compassionate reasons, including to attend the funeral of—

(i) a member of P’s family;

(ii) a close friend.

(5) Where—

(a) a legal obligation requires P to change the premises at which P resides for the purpose of an isolation requirement, or

(b) P is otherwise unable to remain at the premises at which P is residing for the purpose of an isolation requirement,

P may travel directly to alternative premises in Wales that are suitable for P to reside in until the end of the last day of P’s isolation; and references in this Part to premises, in relation to an isolation requirement, are to be read accordingly.

(6) Where paragraph (5) applies, P must notify the Secretary of State of the address of the alternative premises electronically as soon as is reasonably practicable using a facility provided by the Secretary of State for this purpose.

(7) An isolation requirement does not apply in relation to any period during which P is—

(a) removed to, directed to go to or directed to remain at a place by an immigration officer, constable or public health officer under Schedule 21 to the Coronavirus Act 2020(1);

(b) detained at a place by virtue of a requirement imposed under the Immigration Acts.

(8) For the purposes of this regulation—

(a) “edible horticulture” (“garddwriaeth fwytadwy”) means growing—

(i) protected vegetables grown in glasshouse systems,

(ii) field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii) soft fruit grown outdoors or under cover,

(iv) trees that bear fruit,

(v) vines and bines, or

(vi) mushrooms;

“health service” (“gwasanaeth iechyd”) means a service provided for or in connection with—

(i)

the prevention, diagnosis or treatment of illness, or

(ii)

the promotion or protection of public health;

“registered medical practitioner” (“ymarferydd meddygol cofrestredig”) means a fully registered person within the meaning of the Medical Act 1983(2) who holds a licence to practise under that Act;

“specified activities” (“gweithgareddau penodedig”), in relation to edible horticulture, means—

(i)

crop maintenance,

(ii)

crop harvesting,

(iii)

tunnel construction and dismantling,

(iv)

irrigation installation and maintaining,

(v)

crop husbandry,

(vi)

packing and processing of crops on employers premises,

(vii)

preparing and dismantling growing areas and media,

(viii)

general primary production work in edible horticulture,

(ix)

activities relating to supervising teams of horticulture workers.

Requirement on persons with responsibility for children

11.  Where a requirement is imposed under regulation 7, 8 or 10 on a child, a person with responsibility for the child must take all reasonable measures to ensure that the child complies with the requirement.

Last day of isolation

12.  For the purposes of regulations 7, 8 and 10, the last day of P’s isolation is the last day of the period of 14 days beginning with the day on which P arrived in the common travel area from a place outside that area.

(1)

2020 c. 7.

(2)

1983 c. 54. see section 55(1). The definition of “fully registered person” was amended by S.I. 2006/1914, S.I. 2007/3101 and S.I. 2008/1774