PART 2

Amendment of the International Travel Regulations relating to arrivals from non-exempt countries and territories

Amendment of the International Travel Regulations
2
The International Travel Regulations are amended in accordance with regulations 2 to 12.

Insertion of Part 2B of the International Travel Regulations
3
After Part 2A (notification of a negative test result etc.) of the International Travel Regulations insert—
Part 2B

Mandatory testing requirements

Requirement to arrange tests before arriving in Wales
6B
1
This regulation and regulation 6C apply to a person (“P”) aged 5 or over who is subject to an isolation requirement under regulation 7 (requirement to isolate: arrivals from outside the United Kingdom) or 8 (requirement to isolate: arrivals from another part of the United Kingdom).
2
In this Part—
a
a “day 2 test” is a test complying with paragraph 1 of Schedule 1C;
b
a “day 8 test” is a test complying with paragraph 2 of Schedule 1C;
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 .
3
Before arriving in Wales, P must arrange with a public test provider to take—
a
a day 2 test, and
b
a day 8 test,
after P’s arrival in Wales.
4
But P is not required to comply with paragraph (3) if another person has arranged the tests on P’s behalf before P’s arrival in Wales.
5
Where P is a child who arrives in Wales with a person (“R”) who has responsibility for P—
a
(unless paragraph (4) applies to P) R must arrange tests in accordance with paragraph (3) on behalf of P, and
b
P is not required to comply with paragraph (3).
6
A test is not to be treated as having been arranged in accordance with this regulation unless—
a
the person arranging the test notified the public test provider that the tests were being arranged for the purposes of this regulation, and
b
the information specified in Schedule 1B was provided to the public test provider in relation to P.
7
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.
8
If requested by an immigration officer to do so, P, or R if P is a child, must provide the officer with the test reference number or other evidence that the tests have been arranged on P’s behalf.

Requirement to take tests
6C
1
Upon arrival in Wales, P must take—
a
a day 2 test, administered by a public test provider, no later than the end of the second day after the day on which P arrives in Wales, and
b
a day 8 test, administered by a public test provider, no earlier than the end of the seventh day after the day on which P arrives in Wales.
2
But paragraph (1)(b) does not apply where P’s day 2 test generates a positive result.
3
Where P is a child, any person who has responsibility for P must, so far as reasonably practicable, ensure that P complies with paragraph (1).
4
Where P does not take a day 2 test as required by this regulation by reason of having a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, take a replacement test that complies with the requirements for a day 2 test.
5
Where a replacement test is taken instead of a day 2 test, P is to be treated as if P had taken a day 2 test in accordance with this regulation.

Requirement to isolate on failure to take tests
6D
1
This regulation applies where a person (“P”)—
a
fails to take a day 2 test in accordance with regulation 6C(1)(a) and fails to take a day 8 test in accordance with regulation 6C(1)(b), or
b
takes a day 2 test in accordance with regulation 6C(1)(a) (which is negative or inconclusive) but fails to take a day 8 test in accordance with regulation 6C(1)(b).
2
The last day of P’s isolation under regulation 7 or 8 is the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).
3
But where P takes a test to which paragraph (4) applies and—
a
the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6C;
b
the result is negative, regulation 6G applies as if—
i
P had taken a day 2 test and a day 8 test in accordance with regulation 6C(1), and
ii
both tests were negative.
4
This paragraph applies to a day 8 test that is taken—
a
before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but
b
before than the end of the seventh day after the day on which P arrives in Wales.

Consequences of positive test result
6E
Where a test taken by a person (“P”) in accordance with regulation 6C is positive—
a
regulation 10(3) (isolation requirement ceasing to apply to P when P leaves Wales) and, subject to regulation 6I, regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 do not apply in relation to P, and
b
the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

Consequences of positive result for person residing in same premises
6F
1
This regulation applies where a test taken by a person (“P”) in accordance with regulation 6C is positive and P resides with another person (“A”)—
a
who is under a requirement to isolate under regulation 7 or 8, and
b
whose last day of isolation period would, if it were not for this regulation, be determined in accordance with regulation 12.
2
The last day of A’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of A’s isolation).
3
But this does not apply where—
a
the positive test referred to in paragraph (1)(b) is a day 8 test taken by P in accordance with regulation 6C(1)(b), and
b
A received a positive result to a day 2 test that A took in accordance with regulation 6C(1)(a).

Consequences of not receiving result of day 8 test before end of isolation period
6G
1
This regulation applies where a person (“P”)—
a
takes a day 2 test and a day 8 test in accordance with regulation 6C(1),
b
receives a negative result to the day 2 test, and
c
has not received a result to the day 8 test before the end of the last day of P’s isolation under regulation 7 or 8 (as determined under regulation 12).
2
If the result of P’s day 8 test is negative, the last day of P’s isolation under regulation 7 or 8 is the day on which P receives the result of the day 8 test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

Consequences of receiving inconclusive test result
6H
1
Where the result of a test taken by a person (“P”) in accordance with regulation 6C is inconclusive, the last day of P’s isolation under regulation 7 or 8 is determined in accordance with paragraph (2) (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).
2
The last day of P’s isolation is—
a
the last day of the period of 10 days beginning with the day P took the test, or
b
where P takes a test to which paragraph (4) applies and the result of the test is negative, the later of—
i
the last day of the period of 10 days beginning with the day after the day on which P was last in a non-exempt country or territory, or
ii
the day on which P receives the negative result, or
c
where P takes a test to which paragraph (4) applies and the result of the test is positive, the last day of the period of 10 days beginning with the day P took the test.
3
Where paragraph (2)(c) applies, P is not required to take a day 8 test in accordance with regulation 6C.
4
This paragraph applies to—
a
a day 8 test taken in accordance with regulation 6C(1)(b);
b
a day 8 test that is taken—
i
before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but
ii
before than the end of the seventh day after the day on which P arrives in Wales.

Tests other than in accordance with these Regulations
6I
1
This regulation applies where—
a
P takes a day 2 test which is negative,
b
while P is isolating in accordance with regulation 7 or 8, P subsequently takes a test other than in accordance with these Regulations, and
c
P is notified that the test is positive.
2
P ceases to be required to isolate in accordance with these Regulations, and regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 applies in relation to P.

Charge for tests
6J
1
The Welsh Ministers or a person designated by the Welsh Ministers may impose a charge in respect of day 2 tests or day 8 tests.
2
The Welsh Ministers—
a
must publish details of the charges in a way they consider to be appropriate, and
b
may recover any sum owed by a person pursuant to a charge as a debt.

Insertion of Schedules 1B and 1C
4
After Schedule 1A (testing before arrival in Wales) to the International Travel Regulations insert—
Schedule 1B

Booking information
Regulation 6B

Booking information
1
Personal details—
a
full name;
b
sex;
c
ethnicity;
d
date of birth;
e
passport number, or travel document reference number (as appropriate);
f
NHS number (if known and applicable);
g
telephone number;
h
home address;
i
email address.
2
Journey details—
a
the address of the suitable premises at which P intends to reside as required by regulation 7 or 8;
b
the date of arrival in the United Kingdom;
c
coach number;
d
flight number of vessel name;
e
the date on which P was last in a non-exempt country or territory;
f
the country or territory P will be travelling from when P arrives in the United Kingdom, and any country or territory P will have been in as part of that journey.
Schedule 1C

Mandatory testing after arrival in Wales
Regulation 6B

Day 2 test requirements
1
A day 2 test complies with this paragraph where—
a
it is a semi-quantitative test for the detection of coronavirus which—
i
targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,
ii
includes routine in silico assurance against every variant of concern, and
iii
produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method,
b
the manufacturer of any device used for the purposes of the test states that the device—
i
uses an established molecular detection method,
ii
has a specificity and a sensitivity greater than 99% (with a 95% two-sided confidence interval entirely above 97%),
iii
has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and
iv
is suitable for identifying every variant of concern, and
c
any device used for the purposes of the test—
i
can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002 , other than solely by virtue of regulation 39(2) of those Regulations, and
ii
has been validated no more than 18 months before the test is administered or provided to P.

Day 8 test requirements
2
A day 8 test complies with this paragraph where—
a
it is a semi-quantitative test for the detection of coronavirus which targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,
b
the manufacturer of any device used for the purposes of the test states that the device—
i
uses an extracted molecular method,
ii
has a specificity and a sensitivity greater than 95% (with a 95% two-sided confidence interval entirely above 90%), and
iii
has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and
c
any device used for the purposes of the test—
i
can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and
ii
has been validated no more than 18 months before the test is administered or provided to P.

Interpretation
3
In this Schedule—
a
“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—
i
amplicon method, or
ii
sequence bait capture method;
b
“validated”, in relation to a device, means confirmed as having a sensitivity of at least 97% and a specificity of at least 99% for at least 150 positive samples and 250 negative samples, by—
i
the Welsh Ministers,
ii
the National Institute for Health and Care Excellence, or
iii
a laboratory which is accredited by the United Kingdom Accreditation Service (“UKAS”) to ISO standard 15189 or ISO/IEC standard 17025, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider;
c
“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the relevant expert UK Group (currently NERVTAG) for the purposes of these Regulations and published in a way that the Welsh Ministers consider to be appropriate.
2006 c. 42.
2006 c. 41.
1978 c. 29.
S.I. 1972/1265 (N.I. 14).
S.I. 2020/1609 (W. 335).
S.I. 2002/618.