The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2020

PART 2 E+W Amendments to the International Travel Regulations

Exemption from information requirement for certain categories of worker E+W

3.—(1) In Part 2 of the International Travel Regulations (requirement to provide information), regulation 3 is amended in accordance with paragraphs (2) and (3).

(2) In paragraph (2) for “a person described in Part 1 of Schedule 2” substitute

“—

(a) a person described in Part 1 of Schedule 2,

(b) a person described in paragraph 12(1)(b) of Schedule 2 (operational, maintenance and security workers working on the Channel Tunnel), or

(c) a person described in paragraph (3), in respect of whom the condition in paragraph (4) is met.”

(3) After paragraph (2) insert—

“(3) The descriptions of person are—

(a) a person who is a road passenger transport worker, within the meaning of paragraph 6 of Schedule 2;

(b) a person described in paragraph 7 of Schedule 2 (masters and seamen);

(c) a person described in paragraph 8 of Schedule 2 (pilots involved in merchant shipping);

(d) a person described in paragraph 9 of Schedule 2 (inspectors and surveyors of ships);

(e) a person described in paragraph 10 of Schedule 2 (crew on aircraft);

(f) a person described in paragraph 12(1)(a) or (c) of Schedule 2 (drivers, crew and other persons performing essential functions in relation to the Channel Tunnel).

(4) The condition mentioned in paragraph (2)(c) is met in relation to a person if the person has, on their journey to Wales travelled only—

(a) on a ship or aircraft which does not carry passengers;

(b) in an area of a ship or aircraft which is not accessed by passengers.”

Commencement Information

I1 Reg. 3 in force at 10.7.2020, see reg. 1(2)

Exemption from isolation requirement for persons travelling from certain countries and territories outside the common travel area E+W

4.—(1) Part 3 of the International Travel Regulations (requirement to isolate etc.) is amended in accordance with paragraphs (2) to (5).

(2) In regulation 7 (requirement to isolate: arrivals from outside the United Kingdom)—

(a) in paragraph (1)(a), for “place outside the common travel area” substitute “non-exempt country or territory”;

(b) in paragraph (1)(b)(i), for “the Republic of Ireland, the Channel Islands or the Isle of Man” substitute “an exempt country or territory that is not part of the United Kingdom”;

(c) in paragraph (1)(b)(ii), for “arrived in the common travel area from a place outside that area” substitute “been in a non-exempt country or territory”.

(3) In regulation 8 (requirement to isolate: arrivals from another part of the United Kingdom), in paragraph (1)(b), for “arrived in the common travel area from a place outside that area” substitute “been in a non-exempt country or territory”.

(4) In regulation 9 (isolation requirements: exemptions)—

(a) the existing text becomes paragraph (2);

(b) before that paragraph insert—

“(1) For the purposes of this Part, “exempt country or territory” means—

(a) a country or territory within the common travel area;

(b) a country or territory listed in Schedule 3;

and any reference to a “non-exempt country or territory” is to be interpreted accordingly.”

(5) In regulation 12 (meaning of “last day of isolation” in Part 3), for “arrived in the common travel area from a place outside that area” substitute “was last in a non-exempt country or territory”.

(6) In Part 1 of the International Travel Regulations (provision of general application), in regulation 2 (interpretation), after paragraph (3) insert—

“(4) For the purposes of these Regulations, a person who arrives by ship or aircraft in a non-exempt country or territory (within the meaning of regulation 9(1)) is not to be treated as having been in that place unless—

(a) the person disembarks from the aircraft or ship while it is at the place, or

(b) where the person remains on the ship or aircraft while it is at the place, any other passengers embark on the aircraft or ship at the place.”

(7) In Schedule 1 to the International Travel Regulations (passenger information), after paragraph 2(i) insert—

“(ia) any other country or territory P will be, or has been, in during the period of 14 days ending with the date of P’s arrival, or planned arrival, in the United Kingdom,

(ib) where sub-paragraph (ia) applies, the dates on which P was or will be in the other country or territory,”.

(8) Paragraph 1 of the Schedule adds a new Schedule 3 to the International Travel Regulations.

Commencement Information

I2 Reg. 4 in force at 10.7.2020, see reg. 1(2)

Exceptions to isolation requirements: persons engaged in certain sporting activities E+W

5.—(1) Regulation 10 of the International Travel Regulations (exceptions to isolation requirements) is amended in accordance with sub-paragraphs (a) to (c)—

(a) in paragraph (3)—

(i) in the Welsh language text only, for the words from “i’r Deyrnas Unedig” to the end substitute “i Gymru dros dro at ddiben a awdurdodir gan baragraff (4)(b) i (k).”;

(ii) in the English language text only, for “(j)” substitute “(k)”;

(b) after paragraph (4)(j) insert—

“(ja) where P is competing in a sporting event specified in Schedule 4 or providing coaching or other support to a person who is competing in such an event, to participate in the event or to undertake training or other activities connected to the event;

(jb) where P is officiating at, or is involved in running, such a sporting event, to attend the event or to undertake activities connected to officiating or running the event;

(jc) where P is, in the course of P’s work, involved in broadcasting such a sporting event, to attend the event for the purpose of the broadcast or to undertake preparatory activities connected to broadcasting of the event;

(jd) where P is, in the course of P’s work, involved in journalistic activity at such a sporting event, to attend the event for the purpose of undertaking that activity;

(je) where P is a Welsh resident elite athlete returning from an overseas elite competition, to train or compete;

(jf) where P provides coaching or other support to a Welsh resident elite athlete and P is returning from an overseas elite competition where P was providing coaching or other such support to an athlete, to provide that coaching or other support;

(jg) where P is returning from an overseas elite competition at which P was officiating, or involved in running, to officiate at, or be involved in running, a domestic elite competition;”

(c) in paragraph (8)—

(i) in the Welsh text only, the existing text that appears after the words “y rheoliad hwn—” becomes sub-paragraph (a),

(ii) after sub-paragraph (a) insert—

“(b) “domestic elite competition” means an elite competition taking place in the United Kingdom;

(c) “elite competition” means a sporting competition at which any of the participants compete—

(i) to derive a living, or

(ii) to qualify for, or as part of a selection process for, the Olympics, Paralympics or Commonwealth Games;

(d) “overseas elite competition” means an elite competition taking place outside the United Kingdom; and P is to be treated as having returned from such a competition if P has within the period of 14 days ending with P’s last day of isolation, been in a non-exempt country or territory for the purposes of such a competition;

(e) “Welsh resident elite athlete” means a person who is habitually resident in Wales and—

(i) derives a living from competing in a sport, or

(ii) is an elite athlete within the meaning given in regulation 1 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020(1).”

(2) Paragraph 2 of the Schedule adds a new Schedule 4 to the International Travel Regulations.

Commencement Information

I3 Reg. 5 in force at 10.7.2020, see reg. 1(2)

Exemptions for persons engaged in certain activities E+W

6.—(1) Schedule 2 to the International Travel Regulations (exempt persons) is amended in accordance with paragraphs (2) to (9).

(2) In paragraph 3—

(a) omit the “or” after sub-paragraph (1)(a);

(b) after that sub-paragraph insert—

“(aa) has travelled from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or”;

(c) in sub-paragraph (1)(b)—

(i) after “Her Majesty’s Naval Service” insert “or by, or in support of, a visiting force”;

(ii) for “outside the common travel” substitute “in a non-exempt country or territory”.

(3) In paragraph 13(1)(b), omit the words from “but—” to the end.

(4) After paragraph 17 insert—

“17A.— (1) A worker engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—

(a) the Environment Agency;

(b) Natural Resources Wales;

(c) a lead local flood authority in Wales;

(d) a lead local flood authority in England.

(2) In sub-paragraph (1), “flood and coastal erosion risk management” (“rheoli’r risg o lifogydd ac erydu arfordirol”) and “lead local flood authority” (“awdurdod llifogydd lleol arweiniol”) have the meaning given by the Flood and Water Management Act 2010(2).

17B.   A worker engaged in essential or emergency works relating to current or former mining operations on behalf of—

(a) the Coal Authority(3);

(b) a council for a county or county borough in Wales;

(c) Natural Resources Wales.”

(5) In paragraph 24—

(a) in sub-paragraph (1), in the words before paragraph (a), for “undertaking, or required to commence” substitute “required to undertake or commence within 14 days of their arrival in the United Kingdom”;

(b) in sub-paragraph (1)(a), for “offshore installations” substitute “an offshore installation”;

(c) in sub-paragraph (1)(c), for “offshore installations and wells that are being decommissioned or which are being” substitute “an offshore installation or well that is being decommissioned or”;

(d) in sub-paragraph (2)(a), for “installations” substitute “installation”;

(e) in sub-paragraph (2)(c), for “wells” substitute “well”.

(6) In paragraph 27, for “(including commissioning,” substitute “(including construction, commissioning, installation,”.

(7) For paragraph 28 substitute—

“28.— (1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of a health service by a provider of health services.

(2) For the purposes of this paragraph—

“blood” (“gwaed”) includes blood components;

“health service” (“gwasanaeth iechyd”) has the meaning given by regulation 10(8).”

(8) Omit paragraph 29.

(9) After paragraph 36 insert—

“37.   A person working on the making of—

(a) a film which is a British film for the purposes of Schedule 1 to the Films Act 1985(4), or

(b) a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009(5).”

Commencement Information

I4 Reg. 6 in force at 10.7.2020, see reg. 1(2)

Transitional provision: persons who arrived in the common travel area before 10 July 2020 E+W

7.—(1) Paragraph (2) applies where a person has, within the period of 14 days ending immediately before these Regulations come into force, arrived in the common travel area from a place outside that area.

(2) The International Travel Regulations apply to the person as if the amendments made by regulations 3 to 6 of these Regulations had not been made, but only in relation to the period of 14 days beginning with the day the person arrived in the common travel area.

(3) “Common travel area” in this regulation has the meaning given by the Immigration Act 1971(6).

Commencement Information

I5 Reg. 7 in force at 10.7.2020, see reg. 1(2)

Change to review period E+W

8.  In Part 6 of the International Travel Regulations (review and expiry), in regulation 19 (review of requirements), for paragraphs (b) and (c) substitute—

“(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.”

Commencement Information

I6 Reg. 8 in force at 10.7.2020, see reg. 1(2)

Miscellaneous amendments E+W

9.—(1) The International Travel Regulations are amended in accordance with paragraphs (2) to (4).

(2) In regulation 9(2)(a) (as renumbered by regulation 3(4)(a) of these Regulations), for “paragraph 2” substitute “paragraph 1(2)”.

(3) In regulation 17(10), for “paragraph (8)” substitute “paragraph (9)”.

(4) In Schedule 2—

(a) in paragraph 1(2), in the words before paragraph (a), for “9(a)” substitute “9(2)(a)”;

(b) in paragraph 21(1)—

(i) in the words before paragraph (a), after “person” insert “who is”,

(ii) in paragraph (b), for “is a spacecraft controller who is” substitute “a spacecraft controller”.

Commencement Information

I7 Reg. 9 in force at 10.7.2020, see reg. 1(2)

(1)

S.I. 2020/353 (W. 80) as amended by the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 (S.I. 2020/399 (W. 88)), the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/452 (W. 102)), the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/497 (W. 118)), the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/529 (W. 124)), the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/557 (W. 129)), the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/619 (W. 141)) and the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 7) Regulations 2020 (S.I. 2020/686 (W. 153)).

(2)

2010 c. 29.

(3)

The Coal Authority is a body corporate established under section 1 of the Coal Industry Act 1994 c. 21.

(4)

1985 c. 21; Schedule 1 was substituted by the Finance Act 2006 (c. 25) and has been subject to a large number of amendments by the Corporation Tax Act 2009 (c. 4) and S.I. 2006/643, 2006/3430, 2012/1809, 2015/86 and 2018/1105.

(5)

Part 15A was inserted by paragraph 1 of Schedule 1 to the Finance Act 2013 (c.39).

(6)

1971 c. 77. See section 1(3). It provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.