The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Isolation requirements: general exceptions E+W

10.—(1) Paragraph (2) applies where a person is required to not leave or be outside of the place where the person is living by virtue of regulation 6(2), 7(2) [F1 or 8(2)].

(2) The person may leave and be outside the place where the person is living for as long as is necessary—

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

(b) to access veterinary services where—

(i) they are urgently required, and

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

(c) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings, where it is not possible or practicable to do so without leaving the place where the person is living;

(d) to avoid illness, injury or other risk of harm;

[F2 (da) to enable the person to seek to prevent illness, injury or other risk of harm to another person (“A”) where—

(i) it is not possible or not practicable for somebody else to assist A,

(ii) the person is not assisting A as part of the person’s work or through providing voluntary services, and

(iii) the risk of harm to A from being in the same place as the person is less than the risk of harm to A that the person is seeking to prevent;]

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

(i) a family member;

(ii) a close friend;

(f) to obtain basic necessities (including for other persons at the place where the person is living or any pets at that place) where it is not possible or practicable—

(i) for another person at the place where the person is living to obtain them, or

(ii) to obtain them by delivery to that place from a third party;

(g) to access public services (including social services or victims' services) where—

(i) access to the service is critical to the person's well-being, and

(ii) the service cannot be provided if the person remains at the place where the person is living;

[F3 (h) to move to a different place to live—

(i) where it becomes impracticable to remain at the place where the person is living, or

(ii) to prevent illness to another person who lives in the place where the person is living;]

(i) where the person is a child who does not live in the same household as the child's parents, or one of the child's parents, to continue existing arrangements for access to, and contact between, the child and the child's parents, and for the purposes of this sub-paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child.

(3) Regulations 6(2), 7(2) [F4 and 8(2)] do not apply to a person who is homeless.

(4) Regulation 6(2) does not apply to a person who—

(a) has tested positive for coronavirus in the course of a research study (the “prior test”), and

(b) tests positive for coronavirus in the course of the same study within the period of 90 days beginning with the date of the prior test.

[F5 (5) Regulation 8(2) does not apply to a person who—

[F6 (a) has completed a course of doses of—

(i) an authorised vaccine, or

(ii) a vaccine under the United Kingdom vaccine roll-out overseas,

and the day on which the person had the close contact which resulted in the notification described in regulation 8(1) is more than 14 days after the day on which the person completed that course of doses, and]

(b) if requested to do so by the contact tracer who gave the notification described in regulation 8(1), provides evidence that they have completed the course of doses of an authorised vaccine in accordance with sub-paragraph (a).

(6) Regulation 8(2) does not apply to a person who—

(a) has participated in, or is participating in, a clinical trial of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004, and

(b) if requested to do so by the contact tracer who gave the notification described in regulation 8(1), provides evidence that they have participated in, or are participating in, a clinical trial in accordance with sub-paragraph (a).

F7 (6ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (6A) A contact tracer may, for the purposes of determining whether to request evidence from a person in accordance with paragraph (5)(b) or (6)(b), obtain and use information about whether a person—

(a) has completed a course of doses of an authorised vaccine;

(b) has participated in, or is participating in, a clinical trial of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004.]

[F9 (7) For the purposes of paragraph (5)—

(a) a person has completed a course of doses of an authorised vaccine—

(i) if the person has received the complete course of doses specified—

(aa) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(bb) 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;

(ii) if the person has received a dose of one authorised vaccine and a dose of a different authorised vaccine;

(iii) if the person has received at least two doses of any vaccine referred to in sub-paragraph (d) of the definition of “authorised vaccine” in regulation 3(14) of the International Travel Regulations;

(b) a person has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas—

(i) if the person has received the complete course of doses of a vaccine as specified in the manufacturer’s guidance for that vaccine;

(ii) if the person has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas;

(iii) if the person has received a dose of an authorised vaccine and a dose of a vaccine under the United Kingdom vaccine roll-out overseas.]

(8) In this regulation—

[F10 (a) “authorised vaccine” has the meaning given in regulation 3(14) of the International Travel Regulations;]

(b) “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

[F11 (ba) “the International Travel Regulations” means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022;]

(c) “the licensing authority” has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012;

(d) “marketing authorisation” has the meaning given in [F12 regulation 3(14) of the International Travel Regulations];

(e) “medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012];

[F13 (f) “United Kingdom vaccine roll-out overseas” has the meaning given in regulation 3(14) of the International Travel Regulations.]

Textual Amendments

F1 Words in reg. 10(1) substituted (22.12.2021 at 12.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 24) Regulations 2021 (S.I. 2021/1477), regs. 1(2), 2(4)(a)

F2 Reg. 10(2)(da) inserted (9.10.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1131), regs. 1(2), 2(2)(a)(i)

F3 Reg. 10(2)(h) substituted (9.10.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1131), regs. 1(2), 2(2)(a)(ii)

F4 Words in reg. 10(3) substituted (22.12.2021 at 12.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 24) Regulations 2021 (S.I. 2021/1477), regs. 1(2), 2(4)(b)

F5 Reg. 10(5)-(8) inserted (7.8.2021 at the beginning of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(2), 2(6)(c)

F6 Reg. 10(5)(a) substituted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(3)(a)

F7 Reg. 10(6ZA) omitted (22.12.2021 at 12.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 24) Regulations 2021 (S.I. 2021/1477), regs. 1(2), 2(4)(c)

F8 Reg. 10(6A) inserted (9.10.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1131), regs. 1(2), 2(2)(b)

F9 Reg. 10(7) substituted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(3)(b)

F10 Reg. 10(8)(a) substituted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(3)(c)(i)

F11 Reg. 10(8)(ba) inserted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(3)(c)(ii)

F12 Words in reg. 10(8)(d) substituted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(3)(c)(iii)

F13 Reg. 10(8)(f) inserted (18.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(3)(c)(iv)

Commencement Information

I1 Reg. 10 in force at 20.12.2020, see reg. 1(3)