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

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Point in time view as at 09/01/2022.

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[F2Regulation 6AB]

[F1SCHEDULE 1CE+WMandatory testing after arrival in Wales

Textual Amendments

[F3Day 2 tests: general requirements]E+W

1.—[F4(1) A day 2 test complies with this paragraph where the test complies with sub-paragraph (2) and—

(a)it is a test provided by a public test provider, or

(b)it is a test provided by a private test provider where the private test provider complies with paragraph 1ZA.]

[F5(2)] A day 2 test complies with this [F6sub-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 [F7or equal to] 99% ([F8or] 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.

Textual Amendments

[F9Day 2 tests: private test provider requirementsE+W

1ZA.—(1) For the purposes of paragraph 1(1)(b), a private test provider complies with this paragraph where—

(a)they provide day 2 tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf);

(b)a registered medical practitioner has oversight and approval of medical practices undertaken by the private test provider, and responsibility for reporting medical issues;

(c)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of day 2 tests;

(d)a registered clinical scientist has oversight of clinical practices undertaken by the private test provider, and responsibility for reporting clinical issues;

(e)they have systems in place to identify any adverse incidents or quality control issues in relation to day 2 tests and be able to report them as soon as reasonable practicable to the Welsh Ministers;

(f)if the private test provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;

(g)they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(h)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(i)the laboratory used by the private test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genome sequencing of samples;

(j)they receive the information required by regulation 6AB(5), and they administer or provide the test to P no later than the end of the second day after the day on which P arrived in Wales;

(k)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day—

(aa)the date of arrival into the United Kingdom of the person in respect of whom the test was sold;

(bb)whether the person in respect of who the test was sold is a arrival who has not within the period of 10 days ending with P’s arrival in Wales, been in a non-exempt country or territory, or not;

(cc)whether the person in respect of whom the test was sold is a regulation 2A traveller or not;

(dd)the test reference number given to P in accordance with regulation 6AB(6);

(l)they sequence each sample with a cycle threshold less than 30 (equivalent to 1,000 viral genome copies per millilitre);

[F10(la)where—

(i)a sample is to be sequenced in accordance with paragraph (l), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(m)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(n)on a request by the Welsh Ministers or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(o)they preserve and transport samples in a manner that enables genome sequencing;

(p)they have in place a process to remove human reads from any data submitted in a notification to Public Health Wales pursuant to the Health Protection (Notification) (Wales) Regulations 2010;

(q)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the private test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraphs (b) to (e) and (g) to (p) of this sub-paragraph;

(ii)paragraph 2C(2) to (4).

(2) For the purposes of sub-paragraph (1)(h) and (i), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of paragraph 2B, as if a reference to a test were a reference to a day 2 test.

(3) In this paragraph, “registered clinical scientist” means a person registered as a clinical scientist with the Health and Care Professions Council pursuant to article 5 of the Health Professions Order 2001.]

Textual Amendments

[F11Day 2 tests: general requirements for lateral flow device tests.E+W

1ZBA.—(1) A day 2 test complies with this paragraph where the test complies with sub-paragraph (2) and—

(a)it is a test provided by a public test provider; or

(b)it is a test provided by a private test provider where the private test provider complies with paragraph 1ZCA.

(2) A test complies with this sub-paragraph where—

(a)it is a test for the detection of coronavirus which uses one or more of–

(i)mid-turbinate or anterior nares nasal swabbing;

(ii)tonsillar swabbing;

(iii)saliva;

(b)it is uniquely identifiable;

(c)it is provided in accordance with the test manufacturer’s instructions for use including, in particular, instructions as to the target use, target user and target use settings; and

(d)any device used for the purposes of the test 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.

Textual Amendments

Day 2 tests: private test provider requirements for lateral flow device tests.E+W

1ZCA.—(1) A private test provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 1ZA(1)(a) to (e) and (h);

(b)they have made a declaration to the Department of Health and Social Care that they meet the minimum standards for private sector-provided testing published at gov.uk/guidance/day-2-lateral-flow-tests-for-international-arrivals-minimum-standards-for-providers on 6th January 2022 and the Department has confirmed in writing that it considers the provider meets those standards;

(c)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;

(d)they have provided the Department of Health and Social Care with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(e)they receive the information required by regulation 6AB(5), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in Wales;

(f)they ensure they only accept results from the first use of the device;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day—

(aa)the date of the arrival in the United Kingdom of the person in respect of whom the test was sold,

(bb)whether it is a polymerase chain reaction or lateral flow device, and

(cc)the test reference number given to P in accordance with regulation 6AB(6);

(iii)in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (cc);

(h)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 1ZA(1)(b) to (e) and (h) as applied by paragraph (a) of this sub-paragraph;

(ii)paragraph (c) to (g) of this sub-paragraph;

(iii)paragraph 2D(2) and (4).

(2) For the purposes of sub-paragraph (1)(h), “single end-to-end testing service” means a service which comprises any of the following elements where they are part of the service offered by the test provider—

(a)accepting the booking from the person to be tested;

(b)providing the test;

(c)collecting and processing the test once it has been undertaken;

(d)analysing the test;

(e)verifying the result of the test;

(f)providing notification of the test result.]

Textual Amendments

Day 2 tests: general requirements for lateral flow device testsE+W

F121ZB.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Day 2 tests: private test provider requirements for lateral flow device testsE+W

F131ZC.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F141A.  The circumstances mentioned in regulation 6AB(2)(a) are—E+W

(a)that P undertake the day 2 test no later than the end of the second day after the day on which P arrived in Wales, and

(b)in relation to a test described in regulation 6AB(2)(a)(ii)(bb) not administered by a test provider, that P provides the test provider with the following information within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use—

(i)photographic evidence clearly showing—

(aa)the test device in such a way that it is identifiable as having been provided by the test provider,

(bb)the test reference number given in accordance with regulation 6AB(6), and

(cc)the test result, and

(ii)the address at which P is able to receive a confirmatory test pursuant to regulation 6E(4).]

Textual Amendments

[F15[F16Day 8 tests: general requirements]E+W

2.—[F17(1) A day 8 test complies with this paragraph where the test complies with sub-paragraph (2) and—

(a)it is a test provided by a public test provider, or

(b)it is a test provided by a private test provider where the private test provider complies with paragraph 2ZA.]

[F18(2)] A day 8 test complies with this sub-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 greater than or equal to 97% (or a 95% two-sided confidence interval entirely above 95%),

(iii)has a sensitivity greater than or equal to 95% (or a 95% two-sided confidence interval entirely above 90%),

(iv)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(v)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.]

Textual Amendments

[F19Day 8 tests: private test provider requirementsE+W

2ZA.—(1) For the purposes of paragraph 1(1)(b), a private test provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 1ZA(1)(a) to (e) as if any reference in those provisions to a day 2 test were a reference to a day 8 test;

(b)if the private test provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;

(c)they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(d)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(e)the laboratory used by the private test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genome sequencing of samples;

(f)they receive the information required by regulation 6AB(5), and they administer or provide the test to P no later than the end of the eighth day after the day on which P arrived in Wales;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day—

(aa)the date of arrival into the United Kingdom of the person in respect of whom the test was sold;

(bb)whether the person in respect of whom the test was sold is a regulation 2A traveller or not;

(cc)the test reference number given to P in accordance with regulation 6AB(6);

(h)they sequence each sample with a cycle threshold less than 30 (equivalent to 1,000 viral genome copies per millilitre);

[F20(ha)where—

(i)a sample is to be sequenced in accordance with paragraph (h), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(i)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(j)on a request by the Welsh Ministers or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(k)they preserve and transport samples in a manner that enables genome sequencing;

(l)they have in place a process to remove human reads from any data submitted in a notification to Public Health Wales pursuant to the Health Protection (Notification) (Wales) Regulations 2010;

(m)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the private test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 1ZA(1)(b) to (e) as applied by sub-paragraph (1)(a);

(ii)sub-paragraph (1)(c) to (l);

(iii)paragraph 2C(2) to (4).

(2) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of paragraph 2B, as if a reference to a test were a reference to a day 8 test.]

Textual Amendments

[F212A.  The circumstances mentioned in regulation 6AB(2)(b) are that P undertake the day 8 test no [F22earlier] than the end of the seventh day after the day on which P arrived in Wales.]E+W

Textual Amendments

[F23UKAS accreditationE+W

2B.—(1) Before providing a test, a private test provider must have been accredited by UKAS to the relevant ISO standard.

(2) If the private test provider arranges with another person (“X”) for X to carry out any element of the testing service on their behalf, the private test provider must—

(a)ensure that X complies with any provision of this paragraph that is relevant to the carrying out of that element, and

(b)subject to sub-paragraph (3), cease to provide tests under arrangement with X if X fails to comply with any such provision.

(3) Sub-paragraph (2)(b) does not apply to a test that was administered before the date that X failed to comply with this paragraph.

(4) In this paragraph—

“the relevant ISO standard” (“y safon ISO berthnasol”) means—

(a)

in the case of a test which requires laboratory processing, ISO standard 15189 or ISO/IEC standard 17025, and

(b)

in the case of a point of care test, ISO standard 15189 and ISO standard 22870, and for this purpose “point of care test” means a test processed outside a laboratory environment;

“UKAS” (“UKAS”) means the United Kingdom Accreditation Service, a company limited by guarantee and incorporated in England and Wales under number 3076190.

Textual Amendments

Notification of test resultsE+W

2C.—(1) This paragraph applies to a private test provider who administers or provides a test to P in the circumstances described in regulation 6AB and paragraphs 1 to 2A of this Schedule.

(2) The private test provider must, within 48 hours of the time when the sample taken for the purposes of the test is received by the diagnostic laboratory—

(a)notify P and, where applicable, any person who arranges the test on P’s behalf, by email, letter or text message, the result of P’s test, or

(b)make P’s test result available to P and, where applicable, any person who arranges the test on P’s behalf, via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the private test provider and P’s test reference number, and must be conveyed so as to inform P whether the test was negative, positive, or inconclusive.]

Textual Amendments

Notification of test results: lateral flow device testsE+W

F242D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F25Notification of test results: lateral flow device testsE+W

2E.—(1) This paragraph applies to a private test provider who administers or provides a test within the meaning of regulation 6AB(2)(a)(ii)(bb) to P in the circumstances described in paragraph 1A.

(2) The private test provider must, within 24 hours of the relevant event—

(a)notify P and, where applicable, any person who arranges the test on P’s behalf, by email, letter or text message, the result of P’s test, or

(b)make P’s test result available to P and, where applicable, any person who arranges the test on P’s behalf, via a secure web portal,

in accordance with sub-paragraph (4).

(3) In paragraph (2), “relevant event” means—

(a)where the test provider administered the test, the time at which the test provider determined the results of the test;

(b)where the test provider did not administer the test, the time at which the test provider received the information required to be provided by paragraph 1A(b).

(4) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed so as to inform P whether the test was negative, positive, or inconclusive.]

Textual Amendments

InterpretationE+W

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.

[F26(d)“single end-to-end testing [F27, except in paragraph 1ZCA (1)(h),] service” F28... means a service which comprises accepting the booking from the person to be tested, collecting and processing the sample to be tested, carrying out genomic sequencing and providing the test result to P.]]

Textual Amendments

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