2021 No. 863 (W. 202)

Public Health, Wales

The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2021
Made
at 3.49 p.m. on 16 July 2021
Laid before Senedd Cymru
at 6.00 p.m. on 16 July 2021
Coming into force
at 4.00 a.m. on 19 July 2021
The Welsh Ministers, in exercise of the powers conferred on them by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 , make the following Regulations.

Title and coming into force
1
1
The title of these Regulations is the Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2021.
2
These Regulations come into force at 4.00 a.m. on 19 July 2021.

Amendments to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020
2
The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 are amended as follows.

Amendments to regulation 2
3
In regulation 2(1) (general interpretation), in the appropriate places insert—
- “exempt country or territory” (“gwlad neu diriogaeth esempt”) means—
  1. a country or territory within the common travel area;
  2. a country or territory listed in Schedule 3,
and any reference to a “non-exempt country or territory” (“gwlad neu diriogaeth nad yw’n esempt”) is to be interpreted accordingly;;
;
- “regulation 2A traveller” (“teithiwr rheoliad 2A”) has the meaning given in regulation 2A;
.

New regulation 2A
4
After regulation 2 (general interpretation) insert—

Exemptions for vaccinated travellers and others
2A
1
In these Regulations, a person (“P”) is a regulation 2A traveller if P meets the requirements of paragraph (2) and any of paragraphs (3) to (6) of this regulation.
2
P has been in a non-exempt country or territory, except for one listed in Schedule 3A, within the period of 10 days ending with the day of P’s arrival in Wales.
3
P—
a
has completed a course of doses of an authorised vaccine with the final dose having been received at least 14 days prior to arriving in Wales,
b
received that course of doses in the United Kingdom,
c
is able to provide proof if required by an immigration officer of meeting the requirement in sub-paragraph (a) through the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland, and
d
has declared that P has completed a course of an authorised vaccine using a facility referred to in regulation 4(1).
4
P—
a
has participated in, or is participating in, a clinical trial of an authorised vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004 ,
b
is able to provide proof of such participation, and
c
has declared that P has participated in or is participating in such a clinical trial using a facility referred to in regulation 4(1).
5
P is—
a
ordinarily resident in the United Kingdom, and
b
under the age of 18 upon arrival in Wales.
6
P is either—
a
a person who—
i
has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received at least 14 days prior to arriving in Wales,
ii
is able is able to provide proof if required by an immigration officer of the requirements in paragraph (i), and
iii
has declared that P has completed a course of doses of a vaccines as described in paragraph (i) using a facility referred to in regulation 4(1), or
b
a dependant of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in Wales.
7
For the purposes of paragraphs (3) and (6), P has completed a course of doses if P has received the complete course of doses specified—
a
in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or
b
in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 for the authorised vaccine.
8
For the purposes of paragraph (6), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have received a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.
9
For the purposes of this regulation, a child is to be treated as making a declaration using a facility referred to in regulation 4(1), and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child.
10
In this regulation—
- “authorised vaccine” (“brechlyn awdurdodedig”) means a medicinal product for vaccination against coronavirus—
  1. authorised for supply in the United Kingdom in accordance with a marketing authorisation, or
  2. authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc.);
- “clinical trial” (“treial clinigol”) has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;
- “Crown servant” (“gwas y Goron”) has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 :
- “government contractor” (“contractiwr y llywodraeth”) has the meaning given in section 12(2) of the Official Secrets Act 1989;
- “the licensing authority” (“yr awdurdod trwyddedu”) has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012 (the licensing authority and the Ministers);
- “marketing authorisation” (“awdurdodiad marchnata”) has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 (general interpretation);
- “medicinal product” (“cynnyrch meddyginiaethol”) has the meaning given in regulation 2 of the Human Medicines Regulations 2012 (medicinal products);
- “NHS” (“GIG”) means the health service continued under section 1(1) of the National Health Service Act 2006 ;
- “NHS COVID pass” (“pàs COVID y GIG”) means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State through the website at NHS.uk or a COVID-19 post vaccination letter obtained from the NHS;
- “NHS Scotland” (“GIG yr Alban”) means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978 ;
- “NHS Wales” (“GIG Cymru”) means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 ;
- “United Kingdom vaccine roll-out overseas” (“rhaglen frechu’r Deyrnas Unedig dramor”) means the administration of vaccination against coronavirus to—
  1. Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,
  2. residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government, or
  3. military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

Amendments to regulation 6AB
5
1
Regulation 6AB (requirement to book and undertake tests) is amended as follows.
2
In paragraph (1)(c), before paragraph (i) insert—
ai
regulation 6L;
.
3
In paragraph (2)(d), for paragraph (ii) substitute—
ii
a booking for a day 2 test in respect of—
aa
a person (“P”) who arrives in Wales having been in an exempt country or territory listed in Schedule 3 within the period of 10 days ending with the day of P’s arrival in Wales;
bb
a regulation 2A traveller.

Amendments to regulation 6DB
6
1
Regulation 6DB (requirement to isolate on failure to take tests: travellers from exempt countries and territories) is amended as follows.
2
For the heading substitute “Requirement to isolate on failure to take tests: travellers from exempt countries and territories and regulation 2A travellers”.
3
In paragraph (3), for “listed in Schedule 3” substitute “outside the common travel area”.

Amendments to regulation 6HB
7
1
Regulation 6HB (consequences of receiving inconclusive test result: travellers from exempt countries and territories) is amended as follows.
2
For the heading substitute “Consequences of receiving inconclusive test result: travellers from exempt countries and territories and regulation 2A travellers”.
3
In paragraph (3), for “listed in Schedule 3” substitute “outside the common travel area”.

Amendments to regulation 6K
8
1
Regulation 6K (workforce testing) is amended as follows.
2
For paragraph (1) substitute—
1
This regulation applies to a person (“P”) aged 5 or over who—
a
arrives in Wales,
b
has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and
c
is a person specified in—
i
paragraph 6 of Schedule 2, or
ii
regulation 12E(2)(g).
3
After paragraph (1) insert—
1A
P must take a workforce test for day 2 in accordance with paragraph (6) where P—
a
is a regulation 2A traveller, or
b
has not been in a non-exempt country or territory within the period of 10 days ending with the day of P’s arrival in Wales.
4
In paragraph (2), at the beginning insert “Where paragraph (1A) does not apply,”.
5
In paragraph (6)(b), after “means a test” insert “for the detection of coronavirus”.

New regulation 6L
9
After regulation 6K (workforce testing) insert—

Specified events testing
6L
1
This regulation applies to a person (“P”) aged 5 or over who—
a
arrives in Wales,
b
has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and
c
is a relevant person at a specified event.
2
P must take an event test for day 2 in accordance with paragraph (9) where P—
a
is a regulation 2A traveller, or
b
has not been in a non-exempt country or territory within the period of 10 days ending with the day of P’s arrival in Wales.
3
Where paragraph (2) does not apply, P must undertake an event test for day 2, and day 8 in accordance with paragraph (9) in relation to each category of test.
4
Where P does not undertake an event test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement event test.
5
Where a replacement event test is undertaken instead of—
a
an event test to be undertaken for day 2, P is to be treated as if they had undertaken an event test on day 2 in accordance with this regulation;
b
an event test to be undertaken for day 8, P is to be treated as if they had undertaken an event test on day 8 in accordance with this regulation.
6
Regulations 6DA to 6HB apply to a person subject to this regulation as if—
a
references to regulation 6AB and 6AB(1) were to regulation 6L and 6L(1) respectively;
b
references to a day 2 test were to an event test undertaken for day 2;
c
references to a day 8 test were to an event test undertaken for day 8;
d
for regulation 6DB(5) there were substituted—
5
This paragraph applies to a replacement event test.
;
e
for regulation 6HA(5) there were substituted—
5
This paragraph applies to a replacement event test.
7
Where an event test generates an inconclusive result, P must as soon as reasonably practicable undertake a further event test and that further event test is to be treated as a replacement event test.
8
A person responsible for organising a specified event must—
a
take reasonable steps to facilitate the taking of events tests by a relevant person in relation to the specified event they have responsibility for;
b
have regard to any guidance issued by the Welsh Ministers for the purposes of sub-paragraph (a).
9
In this regulation—
- “an event test” (“prawf digwyddiad”) means a test for the detection of coronavirus;
- “an event test undertaken for day 2” (“prawf digwyddiad a gymerir ar gyfer diwrnod 2”) means a test which is undertaken no later than the end of the second day after the day on which P arrived in Wales;
- “an event test undertaken for day 8” (“prawf digwyddiad a gymerir ar gyfer diwrnod 8”) means an event test which is undertaken before the end of the eighth day after the day on which P arrived in Wales
- “relevant person” (“person perthnasol”) in relation to a specified event means—
  1. a person participating in or at the event to derive a living;
  2. an individual essential to the running of the event, including—
    1. operational staff essential to the running of the event;
    2. event officials;
    3. referees;
    4. broadcast staff and journalists covering the event;
  3. an individual essential to the support of a person described in paragraph (a), including—
    1. medical, logistical, technical and administration staff;
    2. the parent or carer of a such a person, where that person is under the age of 18;
- “a replacement event test” (“prawf digwyddiad arall”) means an event test complying with the requirements that apply to the event test that was missed or provided an inconclusive result;
- “a specified event” (“digwyddiad penodedig”) means an event listed in Schedule 1E.
10
In this regulation, when considering whether a person derives a living from participating in an event, any payment made for a person’s benefit by reason of their participation is to be taken into account, including payment by way of salary, prize money or through a contractual arrangement of any other kind.

Amendments to regulation 9
10
1
Regulation 9 (isolation requirements; exemptions) is amended as follows.
2
Paragraph (1) is omitted.
3
For paragraph (2) substitute—
2
Regulations 7 and 8 do not apply to—
a
a person described in paragraph 1(1)(a) to (k) of Schedule 2 who satisfies the conditions in paragraph 1(2) of that Schedule;
b
a person described in paragraphs 2 to 5, 6A to 16 and 36 of Schedule 2;
c
subject to paragraph (3), a person described in paragraph 6 of Schedule 2;
d
subject to paragraph (3), a person described in regulation 12E(2)(a) to (d) (additional measures applicable to persons travelling from a country or territory listed in Schedule 3A);
e
a regulation 2A traveller.

Amendments to regulation 14
11
1
Regulation 14 (offences) is amended as follows.
2
In paragraph (1)—
a
in sub-paragraph (i), omit “or”;
b
in sub-paragraph (j), after “6K,” insert “or”;
c
after sub-paragraph (j) insert—
k
6L,
.
3
In paragraph (1B), for “or 6K” substitute “, 6K or 6L”.
4
In paragraph (1E), for “regulation 6K” substitute “regulations 6K and 6L as regards the taking of tests”.

Amendment to regulation 16
12
In regulation 16 (fixed penalty notices), in paragraph (6AC), after “6K,” insert “or regulation 14(1)(k) for contravening a requirement in regulation 6L,”.

Amendment to Schedule 1
13
In Schedule 1 (passenger information), after paragraph 2 insert—
3
Where the passenger intends to take advantage of an exemption as a regulation 2A traveller, the fact that the passenger has been vaccinated or falls within one of the other categories of exemption within regulation 2A.

New Schedule 1E
14
After Schedule 1D insert—
SCHEDULE 1E

Specified testing events
Regulation 6L
- European Tour – Cazoo Open
.

Amendments to Schedule 3
15
1
Schedule 3 (exempt countries and territories outside the common travel area) is amended as follows.
2
In Part 1—
a
at the appropriate places insert—
Bulgaria
Croatia
Hong Kong
Taiwan
;
b
omit “Balearic Islands”.
3
In Part 2, omit “British Virgin Islands”.

Amendments to Schedule 3A
16
In Schedule 3A (countries and territories subject to additional measures), at the appropriate places insert—
Cuba
Indonesia
Myanmar
Sierra Leone
.

Amendments to the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020
17
The Schedule to the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020 is amended as follows—
a
for Part 1 substitute—

Part 1
The information to be provided for the purposes of regulations 3(2)(a)(i), 3(2)(b)(i), 3(2)(c)(i), 3A(4)(b)(i) and 3A(4)(c) is—

Essential information to enter Wales from overseas
Everyone entering Wales from overseas (including UK nationals and residents) must provide proof of a negative COVID-19 test taken within 3 days of departure to Wales.
Fill in your passenger locator form up to 48 hours before arrival. You must declare all countries you have visited or transited through in the 10 days prior to your arrival in the UK on your passenger locator form.
Before departure, check the list of red, amber and green countries as the list can change regularly.
Red list passengers
1
Book a Managed Quarantine Package
2
Complete a passenger locator form
You can only enter if you are a British or Irish National, or you have residence rights in the UK. You must enter through a designated port and quarantine in a government approved hotel for 10 days.
Amber list passengers
1. Book tests for day 2 and 8
2. Complete a passenger locator form
3. Make plans to self-quarantine in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days).
If you are arriving from an amber country, and have been fully vaccinated through an approved vaccination programme, at least 14 days before your arrival in Wales, you must:
1. Book a test for day 2
2. Complete a passenger locator form
Green list passengers
1. Book a test for day 2
2. Complete a passenger locator form
These measures apply to all persons (including UK nationals and residents) arriving in Wales from outside the common travel area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands. The British Overseas Territories are not in the common travel area. Public health requirements may vary depending upon in which nation of the UK you are staying.
England: https://www.gov.uk/uk-border-control
Northern Ireland: https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice
Scotland: https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/
Wales: https://gov.wales/travelrules
Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. Check the list of exemptions carefully. You may be fined if you fraudulently claim an exemption.;
;
b
in Part 2—
i
in paragraph (a) (Welsh language version), after “o fewn y ddau ddiwrnod cyntaf ar ôl ichi gyrraedd” insert “, hyd yn oed os ydych wedi eich brechu yn llawn”;
ii
in paragraph (b) (English language version), after “within the first two days after you arrive” insert “, even if you have been fully vaccinated”.
Eluned Morgan
Minister for Health and Social Services, one of the Welsh Ministers
At 3.49 p.m. on 16 July 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”) and 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”).
The International Travel Regulations impose requirements on persons entering Wales after having been abroad. They include a requirement for persons arriving in Wales from non-exempt countries or territories to isolate for a period determined in accordance with those Regulations.
Regulation 3 of these Regulations amends regulation 2 of the International Travel Regulations to introduce a new definition in relation to vaccinated travellers and others. It also makes a minor consequential amendment to move an existing definition within those Regulations.
Regulation 4 introduces exemptions for travellers who have been fully vaccinated in the UK with an approved vaccine. These exemptions also apply to those on certain vaccine trials, and UK citizens or residents who are under the age of 18 on their arrival in Wales. Such travellers are exempted from the requirement to isolate on return from a non-exempt country or territory (except one specified in Schedule 3A to the International Travel Regulations), and are only required to take a day 2 test. These exemptions therefore apply in relation to relevant arrivals from what are commonly known as the ‘amber list’ countries.
Regulations 5, 6, 7, 8, 10 and 13 make further amendments to the International Travel Regulations to give effect to these new exemptions.
Regulation 9 introduces a new testing regime in relation to ‘specified events’, meaning those events specified in new Schedule 1E to the International Travel Regulations. Regulation 5 removes people to whom this new regime applies from the testing provisions in regulation 6AB of the International Travel Regulations.
Regulations 11 and 12 make further provision in relation to offences and fixed penalty notices relating to failures to comply with the requirements in relation to specified events testing.
Regulation 15 amends the list of exempt countries and territories in Schedule 3 to the International Travel Regulations. Persons entering Wales after being in an exempt country or territory are not required to isolate, regardless of their status under the new exemptions relating to vaccination. Regulation 15 adds Bulgaria, Croatia. Hong Kong and Taiwan to the list of exempt countries and territories outside the common travel area. Regulation 15 also removes the Balearic Islands and British Virgin Islands from the list.
Regulation 16 amends the list of countries and territories subject to additional measures in Schedule 3A to the International Travel Regulations. Non-exempt persons are prohibited from entering Wales where they have been in a country or territory listed in Schedule 3A within the last 10 days of arrival, pursuant to regulation 12E of the International Travel Regulations. Regulation 16 adds Cuba, Indonesia, Myanmar and Sierra Leone to the list of countries and territories subject to additional measures.
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.
In consequence of the amendments made to the International Travel Regulations by regulations 4, 5, 6, 7, 8, 10 and 13 of these Regulations, regulation 17 amends the specified public health information that operators must provide to passengers prior to and during traveling to Wales.
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.
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.
S.I. 2020/574 (W. 132), amended by S.I. 2020/595 (W. 136), S.I. 2020/714 (W. 160), S.I. 2020/726 (W. 163), S.I. 2020/804 (W. 177), S.I. 2020/817 (W. 179), S.I. 2020/840 (W. 185), S.I. 2020/868 (W. 190), S.I. 2020/886 (W. 196), S.I. 2020/917 (W. 205), S.I. 2020/942, S.I. 2020/944 (W. 210), S.I. 2020/962 (W. 216), S.I. 2020/981 (W. 220), S.I. 2020/1015 (W. 226), S.I. 2020/1042 (W. 231), S.I. 2020/1080 (W. 243), S.I. 2020/1098 (W. 249), S.I. 2020/1133 (W. 258), S.I. 2020/1165 (W. 263), S.I. 2020/1191 (W. 269), S.I. 2020/1223 (W. 277), S.I. 2020/1232 (W. 278), S.I. 2020/1237 (W. 279), S.I. 2020/1288 (W. 286), S.I. 2020/1329 (W. 295), S.I. 2020/1362 (W. 301), S.I. 2020/1477 (W. 316), S.I. 2020/1521 (W. 325), S.I. 2020/1602 (W. 332), S.I. 2020/1645 (W. 345), S.I. 2021/20 (W. 7), S.I. 2021/24 (W. 8), S.I. 2021/46 (W. 10), S.I. 2021/48 (W. 11), S.I. 2021/50 (W. 12), S.I. 2021/66 (W. 15), S.I. 2021/72 (W. 18), S.I. 2021/95 (W. 26), S.I. 2021/154 (W. 38), S.I. 2021/305 (W. 78), S.I. 2021/361 (W. 110), S.I. 2021/454 (W. 144), S.I. 2021/500 (W. 149), S.I. 2021/568 (W. 156), S.I. 2021/584 (W. 161), S.I. 2021/646 (W. 166), S.I. 2021/669 (W. 170), S.I. 2021/765 (W. 187) and S.I. 2021/826 (W. 193).
S.I. 2004/1031, amended by section 116 of the Care Act 2014 (c. 23) and by S.I. 2004/3224, S.I. 2005/2754, S.I. 2005/2759, S.I. 2006/562, S.I. 2006/928, S.I. 2006/2984, S.I. 2007/289, S.I. 2007/3101, S.I. 2008/941, S.I. 2010/231, S.I. 2010/551, S.I. 2010/1882, S.I. 2011/2581. S.I. 2012/134, S.I. 2012/504, S.I. 2012/1641, S.I. 2012/1916, S.I. 2013/532, S.I. 2016/190, S.I. 2016/696, S.I. 2019/593, S.I. 2019/744, S.I. 2019/1094 and S.I. 2020/1488.
S.I. 2012/1916.
1989 c. 6.
2006 c. 41; section 1 was substituted by section 1 of the Health and Social Care Act 2012 (c. 7).
1978 c. 29.
2006 c. 42.
S.I. 2020/595 (W. 136), amended by S.I. 2020/714 (W. 160), S.I. 2020/1118 (W. 253), S.I. 2020/1521 (W. 325), S.I. 2021/72 (W. 18), S.I. 2021/171 (W. 39), S.I. 2021/457 (W. 145), S.I. 2021/584 (W. 161), S.I. 2021/646 (W. 166) and S.I. 2021/765 (W. 187).