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

Changes over time for: Section 14

Version Superseded: 19/07/2021

Alternative versions:

Status:

Point in time view as at 08/06/2021. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020, Section 14.

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OffencesE+W

14.—(1) An adult who contravenes a requirement in regulation—

(a)4(1) or (4),

[F1(aa)6A(1) or (2),]

(b)5(2),

(d)8(3) or (4),

(e)10(6), F2... F3...

(f)11, F4... F5...

[F6(g)[F712E],]

[F8(h)[F96AB], F10...

(i)[F116DA and 6DB]] [F12or]

[F13(j)6K]

commits an offence.

[F14(1A) But a person does not commit an offence where they contravene a requirement in regulation 6A(1), if they reasonably believed at the time of the contravention that a notification in their possession of a negative result relating to the person or to a child for whom the person has responsibility (as the case may be) was valid and from a qualifying test (for the purposes of that regulation).]

[F15(1B) But a person does not commit an offence if they have a reasonable excuse for contravening regulation [F164(1) or (4), 5(2),] [F176AB] [F18or 6K].

(1C) For the purposes of [F19regulation 6AB] a reasonable excuse includes, in particular, where—

(a)it was not reasonably practicable for a person to book a test due to a disability;

(b)a person reasonably considered before arriving in Wales that it would not be reasonably practicable for the person (or, as the case may be, the child for whom the person has responsibility) to provide a sample for a test due to a disability;

(c)a person required medical treatment with such urgency that booking a test was not reasonably practicable;

(d)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (a) or (c) where it was not reasonably practicable for the accompanying person to book a test;

(e)a person began their journey to Wales in a country or territory in which the person did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in their last point of departure if this was different to where they began their journey.

(1D) For the purposes of [F20regulation 6AB], a reasonable excuse includes, in particular, where—

(a)it is not reasonably practicable for P to undertake a test due to a disability;

(b)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable;

(c)a test is cancelled for reasons beyond P’s control.]

[F21(1E) For the purposes of regulation 6K, a reasonable excuse includes, in particular, where—

(a)it is not reasonably practicable for P to undertake a test due to a disability,

(b)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(c)a test is cancelled for reasons beyond P’s control,

(d)P has left Wales.]

(2) It is an offence for an adult to provide false or misleading information to the Secretary of State for the purposes of regulation 4, 5, 7(5), 8(4) or 10(6) where—

(a)the person knows the information is false or misleading, or

(b)the person is reckless as to whether the information is false or misleading.

[F22(2A) But a person does not commit an offence under regulation 4 or 5 if they have a reasonable excuse for providing false or misleading information to the Secretary of State.]

(3) An adult who fails to comply with a direction given by a constable under regulation 13 commits an offence.

(4) An adult who intentionally obstructs any person exercising functions under these Regulations commits an offence.

(5) It is a defence to a charge of committing an offence under paragraph (1) or (3) to show that the person had a reasonable excuse for the contravention, or failure to comply, in question.

[F23(5A) In relation to an offence of contravening regulation 6A(1), the circumstances under which a person has a reasonable excuse include where—

(a)a person was medically unfit to provide a sample for a qualifying test before travelling to Wales and possesses a document, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b)it was not reasonably practicable for a person to obtain a qualifying test before travelling to Wales due to—

(i)a disability,

(ii)the need to obtain urgent medical treatment

(c)a person was accompanying, in order to provide support (whether medical or otherwise), a person described in sub-paragraph (b) and where it was not reasonably practicable for the accompanying person to obtain a qualifying test before travelling to Wales,

(d)a person began their journey to Wales in a country or territory in which a qualifying test was not available to the public (with or without payment) or in which it was not reasonably practicable for a person to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(e)the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in Wales meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 1A, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.]

(6) A person who commits an offence under this regulation is liable on summary conviction to a fine.

(7) Section 24 of the Police and Criminal Evidence Act 1984 M1 applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—

(a)to maintain public health;

(b)to maintain public order.

Textual Amendments

F1Reg. 14(1)(aa) inserted (18.1.2021) by The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021 (S.I. 2021/48), regs. 1(2), 3(4)(a) (with reg. 11)

F2Word in reg. 14(1)(e) omitted (14.11.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020 (S.I. 2020/1288), regs. 1(2), 2(4)(a)

F3Word in reg. 14(1)(e) omitted (24.12.2020 at 9.00 a.m.) by virtue of The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020 (S.I. 2020/1645), regs. 1(2), 2(3)(a)

F4Word in reg. 14(1)(f) omitted (28.11.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 21) Regulations 2020 (S.I. 2020/1362), regs. 1(2), 8(2)(b)

F5Word in reg. 14(1)(f) omitted (15.2.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/154), regs. 1(2), 8(a)(i) (with reg. 21)

F6Reg. 14(1)(g) inserted (24.12.2020 at 9.00 a.m.) by The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020 (S.I. 2020/1645), regs. 1(2), 2(3)(c)

F7Word in reg. 14(1)(g) substituted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/154), regs. 1(2), 8(a)(ii) (with reg. 21)

F8Reg. 14(1)(h)(i) inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/154), regs. 1(2), 8(a)(iii) (with reg. 21)

F9Word in reg. 14(1)(h) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/584), regs. 1(2), 9(a)