Welsh Statutory Instruments
2020 No. 595 (W. 136)
Public Health, Wales
The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020
Made
at 5.38 p.m. on 15 June 2020
Laid before Senedd Cymru
16th June 2020
Coming into force in accordance with regulation 1(2) and (3)
The Welsh Ministers make the following Regulations 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 .
PART 1E+WGeneral
Title and coming into forceE+W
1.—(1) The title of these Regulations is the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020.
(2) Regulations 2 to 9 come into force on 17 June 2020.
(3) This regulation and regulations 10 and 11 come into force when these Regulations are made.
InterpretationE+W
2. In these Regulations—
“authorised person” (“person awdurdodedig”) means—
(a)
in relation to passengers arriving ... on a vessel, the Secretary of State;
(b)
in relation to passengers arriving ... on an aircraft, the Civil Aviation Authority ;
“common travel area” (“ardal deithio gyffredin”) has the meaning given in section 1(3) of the Immigration Act 1971 ;
“coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“international passenger service” (“gwasanaeth teithwyr rhyngwladol”) means a commercial service by which passengers travel on a vessel or aircraft from outside the common travel area to a port in Wales;
[“the International Travel Regulations” (“y Rheoliadau Teithio Rhyngwladol”) means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020;]
...
“port”(“porthladd”) includes any airport, heliport or seaport;
[“requirement to isolate” (“gofyniad i ynysu”) means the requirement to isolate in accordance with [regulation 7 of the International Travel Regulations];]
[“requirement to provide information” (“gofyniad i ddarparu gwybodaeth”) means the requirement to provide information in accordance with [regulation 4 of the International Travel Regulations];]
“vessel” (“llestr”) means every description of vessel used in navigation (including a hovercraft within the meaning of Hovercraft Act 1968 ) which is 24 metres or more in length.
Textual Amendments
Commencement Information
Marginal Citations
PART 2E+WRequirements to provide information to passengers
Provision of information before booking and at check-inE+W
3.—(1) The operator of any international passenger service must provide the information specified in paragraph (2) as part of any facility managed by the operator by which a person—
(a)may make a booking for travel on the service, or
(b)may check-in for travel on the service.
[(2) The information mentioned in paragraph (1) is—
[(a)in the case of a facility provided for booking travel online—
(i)the information set out in Part 1 of the Schedule which must be embedded in a prominent place so that it is visible prior to a booking being made,
(ii)a link to https://gov.wales/testing-people-travelling-wales-coronavirus-covid-19,
(iii)a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,
(iv) a link to https://gov.wales/categories-persons-exempt-or-excepted-specific-travelling-requirements,
(v)a link to https://www.gov.uk/uk-border-control,
(vi)a link to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice,
(vii)a link to https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/, and
(viii)a link to https://gov.wales/travelrules;]
[(b)in the case of a facility provided for checking in online—
(i)the information set out in Part 1 of the Schedule which must be embedded in a prominent place so that it is visible prior to the check-in being completed,
(ii)a link to https://gov.wales/testing-people-travelling-wales-coronavirus-covid-19,
(iii)a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,
(iv)a link to https://gov.wales/categories-persons-exempt-or-excepted-specific-travelling-requirements,
(v)a link to https://www.gov.uk/uk-border-control,
(vi)a link to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice,
(vii)a link to https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/, and
(viii)a link to https://gov.wales/travelrules;]
(c)in the case of a facility provided for booking travel or checking in by telephone or face to face—
(i)where the information is provided orally, the information set out in Part 1 of the Schedule;
[(ii)where information is provided in writing, written notice which sets out—
(aa)the requirement to provide information,
(bb)the requirement to possess notification of a negative test result in accordance with regulation 6A of the International Travel Regulations, ...
(cc)[the requirement to arrange tests before arriving in Wales in accordance with [regulation 6AB] of the International Travel Regulations, and
(dd)the requirement to isolate;]]
(d)in any of the above cases, a [written request] to pass on the information mentioned in sub-paragraph (a), (b) or (c) (as the case may be) to any person on whose behalf—
(i)a booking is being made, or
(ii)a check-in is being carried out.]
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where the operator does not directly manage the booking or check-in process, the operator must take all reasonable measures to ensure that the person managing the process complies with [paragraph (1)] on the operator's behalf.
Textual Amendments
Commencement Information
[Provision of information prior to departureE+W
3A.—(1) Paragraph (2) applies where at least 48 hours prior to the scheduled departure time of an international passenger service, a booking is made for a passenger (“P”) to travel on that service.
(2) Where this paragraph applies, between 24 and 48 hours prior to the scheduled departure time of the service, the operator of the service must ensure that P has been provided with the information specified in paragraph (4) (“the required information”).
(3) The required information must be provided by text message, push notification, email or orally.
(4) The required information mentioned in paragraph (2) is—
[(a)where the information is provided by text message or push notification, text which—
(i)informs P of the requirement to provide information,
(ii)informs P that penalties apply for failure to comply with the requirement to provide information,
(iii)includes a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,
(iv)informs P of the requirement to possess notification of a negative test result in accordance with regulation 6A of the International Travel Regulations, and
(v)informs P of the requirement to arrange tests before arriving in Wales in accordance with regulation 6AB of the International Travel Regulations;]
[(b)where the information is provided by email—
(i)the information set out in Part 1 of the Schedule,
(ii)a link to https://gov.wales/testing-people-travelling-wales-coronavirus-covid-19,
(iii)a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,
(iv)a link to https://gov.wales/categories-persons-exempt-or-excepted-specific-travelling-requirements,
(v)a link to https://www.gov.uk/uk-border-control,
(vi)a link to https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice,
(vii)a link to https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/ , and
(viii)a link to https://gov.wales/travelrules;]
(c)where the information is provided orally, the information set out in Part 1 of the Schedule.
(5) Where another person (“A”) makes a booking on an international passenger service on behalf of another passenger (whether or not A is also a passenger on that service), the requirement to provide information in accordance with this regulation is to be treated as complied with, as regards the time set out in paragraph (1), if the required information was provided to A in the required manner between 24 and 48 hours prior to the scheduled departure time of that service, along with a written request that A provides that information to the passenger.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Provision of information during journeyE+W
4.—(1) The operator of an international passenger service must ensure that every passenger on the vessel or aircraft is provided with the statement set out in [Part 2 of the Schedule] during the journey to the port in Wales.
(2) The statement must be provided ... in Welsh, English and an officially recognised language of the country of departure.
Textual Amendments
Commencement Information
Exception from requirements of regulations 3 [, 3A] and 4E+W
5. Nothing in regulation 3 [, 3A] or 4 requires information to be provided to a person who, by virtue of age or mental capacity, is unlikely to be capable of understanding it.
Textual Amendments
Commencement Information
PART 3E+WOffences, penalties and prosecutions
OffencesE+W
6.—(1) A person who contravenes a requirement in regulation 3(1) or (3), [regulation 3A(2) or ...] or regulation 4 commits an offence.
(2) It is a defence to a charge of committing the offence of contravening the requirement in [[regulation 3(1), regulation 3A(2) ...] or] regulation 4 to show that the person had a reasonable excuse for the contravention.
(3) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine.
Textual Amendments
Commencement Information
Fixed penalty noticesE+W
7.—(1) An authorised person may issue a fixed penalty notice to any person (“P”) that the authorised person reasonably believes has committed an offence under regulation 6(1).
(2) A fixed penalty notice is a notice offering P the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—
(a)the Welsh Ministers, or
(b)a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation.
(3) Where a notice is issued under paragraph (1) in respect of an offence—
(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;
(b)P may not be convicted of the offence if P pays the fixed penalty before the end of that period.
(4) A fixed penalty notice must—
(a)describe the circumstances alleged to constitute the offence,
(b)state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,
(c)specify the amount of the fixed penalty,
(d)state the name and address of the person to whom the fixed penalty may be paid, and
(e)specify permissible methods of payment.
[(5) The amount of fixed penalty specified under paragraph 4(c) is to be—
(a)in the case of the first penalty notice received, £1000;
(b)in the case of the second penalty notice received, £2000;
(c)in the case of the third penalty notice received, £4000;
(d)in the case of the fourth and any subsequent fixed penalty notice received, £10,000.]
(6) In any proceedings, a certificate—
(a)that purports to be signed by or on behalf of—
(i)the Welsh Ministers, or
(ii)a person designated by the Welsh Ministers under paragraph (2)(b), and
(b)states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.
Textual Amendments
Commencement Information
ProsecutionsE+W
8. No proceedings for an offence under these Regulations may be brought other than by the Director of Public Prosecutions or an authorised person.
PART 4E+WMiscellaneous
Review of requirementsE+W
9.—(1) The Welsh Ministers must carry out a review of the requirements imposed by Part 2—
(a)by 29 June 2020,
[(b)by 27 July 2020;
(c)at least once in the period of 28 days beginning with 28 July 2020;
(d)at least once in each subsequent period of 28 days.]
(2) A review carried out under paragraph (1) must consider whether the requirements are necessary and proportionate as a means of preventing danger to the public arising from the spread of coronavirus.
Textual Amendments
Commencement Information
Amendment of the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020E+W
10.—(1) The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 are amended as follows.
(2) In the Welsh language text only—
(a)in regulation 2(1), for the definition of “gwybodaeth am deithiwr” (“passenger information”) substitute—
“ystyr “gwybodaeth am deithiwr” (“passenger information”) yw'r wybodaeth a bennir yn Atodlen 1;”;
(b)in regulation 5(3)(b), for “ddiweddaru ar ran P” substitute “ diweddaru ”;
(c)in regulation 7—
(i)in paragraph (1)(b)(ii) omit the comma after “sydd”;
(ii)in paragraph (4)(a) omit “bai”;
(iii)in paragraph (5)(a) after “yng Nghymru” insert “sy'n addas i breswylio ynddi”;
(d)in regulation 8—
(i)in paragraph (2)(a)(i) for “7(3));” substitute “ 7(3); a ”;
(ii)in paragraph (3)(b)(i) for “(bod y tu allan i fangre am gyhyd ag y bo'n angenrheidiol)” substitute “ (gadael y fangre dros dro) ”;
(e)in regulation 14(4), for “rreoliadau yma” substitute “ Rheoliadau hyn ”;
(f)in regulation 16(2) for “Reoliadau” substitute “ Rheoliadau ”;
(g)in regulation 17(10)—
(i)after “ “ddeddfwriaeth diogelu data” insert “ a “data personol” ”;
(ii)for “ac mae i “data personol” yr ystyr a roddir i” substitute “ a ”;
(h)in Schedule 1, in sub-paragraph (d), for “ei ddogfen” substitute “ dogfen ”;
(i)in Schedule 2—
(i)in paragraph 1, sub-paragraphs (1)(h) and (2)(a)(i) for “swydd” substitute “ swyddfa ”;
(ii)in paragraph 1(2)(a)(i) for “i'r person” substitute “ i P ”;
(iii)in paragraph 2(1)(a) for “y tu allan i'r” substitute “ yn y ”;
(iv)for paragraph 3(1)(b) substitute— “sydd wedi bod ar lestr a weithredir gan Wasanaeth Llyngesol ei Mawrhydi am gyfnod di-dor o 14 o ddiwrnodau o leiaf yn union cyn iddo gyrraedd ac nad yw'r llestr hwnnw wedi codi unrhyw bersonau nac wedi glanio mewn unrhyw borthladd môr y tu allan i'r ardal deithio gyffredin yn ystod y cyfnod hwnnw.”;
(v)in paragraph 7(2), in the opening words, for “y paragraff hwn” substitute “ is-baragraff (1) ”;
(vi)in paragraph 13(1)(b) insert “ hanfodol ” after “plismona” in both places where it occurs.
(3) In Schedule 2—
(a)for the heading to the Schedule substitute— “ Exempt persons ”;
(b)in the heading to Part 1 of the Schedule, for “3 or regulation 4” substitute “ 4, 5, 7 or 8 ”;
(c)in the heading to Part 2 of the Schedule, for “4” substitute “ 7 or 8 ”.
Commencement Information
Marginal Citations
Expiry of these RegulationsE+W
11.—(1) These Regulations expire at the end of [31 May 2022].
(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.
Textual Amendments
Commencement Information
Mark Drakeford
The First Minister, one of the Welsh Ministers
Regulations 3, 3A and 4
[SCHEDULEE+W
Part 1E+W
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 the UK from overseasE+W
All persons arriving in the UK must fill in a Passenger Locator Form up to 48 hours before arrival. You must declare all countries you have visited in the 10 days before arrival.
Before departure check if any of the countries you have visited are on the red list.
If you have visited a country on the red list you must book a managed quarantine hotel.
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 of arrival.
If you have not visited any countries on the red list, check if you qualify as fully vaccinated.
If you qualify as fully vaccinated you must book a test to take on or before day 2.
If you do not qualify as fully vaccinated you must:
provide proof of a negative COVID-19 test taken within 2 days of departure to the UK,
make plans to quarantine in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days), and
book tests to take on day 2 and day 8 of quarantine.
These measures apply to all persons (including UK nationals and residents) arriving in the UK 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 which nation of the UK you are staying in.
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
Wales:https://gov.wales/arriving-wales-overseas
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. You may be fined if you fraudulently claim an exemption”
Part 2E+W
The statement to be provided for the purposes of regulation 4 is—
(a)Welsh language version—
“Dyma neges iechyd y cyhoedd ar ran asiantaethau iechyd y cyhoedd y Deyrnas Unedig.
Os ydych wedi eich brechu’n llawn neu’n bodloni’r meini prawf cymhwystra mewn ffordd arall, rhaid i chi gymryd prawf ar neu cyn diwrnod 2 ar ôl i chi gyrraedd. Rhaid i chi hunanynysu wrth gyrraedd a dim ond os yw canlyniad y prawf yn negyddol y caniateir i chi adael yr hunanynysiad.
Os nad ydych wedi eich brechu’n llawn neu os nad ydych yn bodloni’r meini prawf cymhwystra, rhaid i chi hunanynysu am 10 niwrnod a chymryd prawf ar ddiwrnod 8 ar ôl i chi gyrraedd.
Os ydych wedi bod mewn unrhyw wledydd ar y rhestr goch o fewn y 10 niwrnod blaenorol, rhaid i chi fynd i gwarantin mewn cyfleuster cwarantin a reolir am 10 niwrnod.
Symptomau’r coronafeirws yw peswch cyson newydd, tymheredd uchel neu golli eich synnwyr blasu neu arogli arferol, neu newid yn eich synnwyr blasu neu arogli arferol. Os ydych yn profi unrhyw un o’r symptomau hyn, ni waeth pa mor ysgafn ydynt, fe’ch cynghorir i wneud eich hunan yn hysbys i’r criw.
Dilynwch y canllawiau Iechyd y Cyhoedd ar gyfer yr ardal yr ydych yn byw ynddi neu’n teithio ynddi. Ewch i gov.uk/coronavirus i gael rhagor o gyngor.”;
(b)English language version—
“The following is a public health message on behalf of the UK’s public health agencies.
If you are fully vaccinated or otherwise meet the eligibility criteria, you must take a test on or before day 2 after you arrive. You must self-isolate on arrival and may only leave self-isolation if the result of the test is negative.
If you are not fully vaccinated or do not meet the eligibility criteria, you must self-isolate for 10 days and take a test on day 8 after you arrive.
If you have been in any countries on the red list within the previous 10 days, you must quarantine in a managed quarantine facility for 10 days.
The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.
Please follow Public Health guidance for the area you are living or travelling in. Visit gov.uk/coronavirus for more advice.”;
(c)the statement in paragraph (a) or (b) translated into an officially recognised language of the country of departure.”]
Explanatory Note
These Regulations are made in response to the danger to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). Section 45B of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of (amongst other things) preventing danger to public health from “vessels, aircraft, trains or other conveyances arriving at any place”.
The regulations place a requirement on operators of international passenger services coming from outside the common travel area to an airport, heliport or seaport in Wales (“operators”) to provide passengers with certain public health information relating to the virus.
Regulation 3 imposes requirements on operators at the point of both booking and check-in. Where booking or checking in is undertaken online the regulation requires the operator to make available to passengers a link to the relevant pages of the gov.uk website and the gov.wales website. Where booking or checking in is undertaken by telephone or in person operators are required to direct the passenger to these pages.
Regulation 4 requires operators to provide the public health information statement in the Schedule to passengers while on board.
Regulation 5 provides an exception to the requirement to provide the public health information in regulations 3 and 4; it does not apply where the recipient of the information is unlikely to be capable of understanding it.
Regulation 6 creates a summary only offence of contravening the requirements to provide the public health information in regulations 3 and 4. The offence is punishable by a fine.
Regulation 6(2) provides a defence of “reasonable excuse” for an operator charged with an offence under regulation 4 (contravening a requirement to provide information to passengers whilst on board).
Regulation 7 provides that fixed penalties may be imposed on persons who are suspected of committing an offence under these Regulations as an alternative to prosecution. The penalty is £4000.
The necessity and proportionality of these Regulations must be reviewed every 21 days (regulation 9).
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.