The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021

Insertion of Part 2B of the International Travel Regulations

3.  After Part 2A (notification of a negative test result etc.) of the International Travel Regulations insert—

“Part 2B Mandatory testing requirements

Requirement to arrange tests before arriving in Wales

6B.— (1) This regulation and regulation 6C apply to a person (“P”) aged 5 or over who is subject to an isolation requirement under regulation 7 (requirement to isolate: arrivals from outside the United Kingdom) or 8 (requirement to isolate: arrivals from another part of the United Kingdom).

(2) In this Part—

(a) a “day 2 test” is a test complying with paragraph 1 of Schedule 1C;

(b) a “day 8 test” is a test complying with paragraph 2 of Schedule 1C;

(c) a “public test provider” is a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006(1), the National Health Services Act 2006(2), the National Health Service (Scotland) Act 1978(3), or the Health and Personal Social Services (Northern Ireland) Order 1972(4).

(3) Before arriving in Wales, P must arrange with a public test provider to take—

(a) a day 2 test, and

(b) a day 8 test,

after P’s arrival in Wales.

(4) But P is not required to comply with paragraph (3) if another person has arranged the tests on P’s behalf before P’s arrival in Wales.

(5) Where P is a child who arrives in Wales with a person (“R”) who has responsibility for P—

(a) (unless paragraph (4) applies to P) R must arrange tests in accordance with paragraph (3) on behalf of P, and

(b) P is not required to comply with paragraph (3).

(6) A test is not to be treated as having been arranged in accordance with this regulation unless—

(a) the person arranging the test notified the public test provider that the tests were being arranged for the purposes of this regulation, and

(b) the information specified in Schedule 1B was provided to the public test provider in relation to P.

(7) When the tests are arranged, the public test provider must provide a test reference number—

(a) to P, and

(b) to any person who arranges tests on P’s behalf.

(8) If requested by an immigration officer to do so, P, or R if P is a child, must provide the officer with the test reference number or other evidence that the tests have been arranged on P’s behalf.

Requirement to take tests

6C.— (1) Upon arrival in Wales, P must take—

(a) a day 2 test, administered by a public test provider, no later than the end of the second day after the day on which P arrives in Wales, and

(b) a day 8 test, administered by a public test provider, no earlier than the end of the seventh day after the day on which P arrives in Wales.

(2) But paragraph (1)(b) does not apply where P’s day 2 test generates a positive result.

(3) Where P is a child, any person who has responsibility for P must, so far as reasonably practicable, ensure that P complies with paragraph (1).

(4) Where P does not take a day 2 test as required by this regulation by reason of having a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, take a replacement test that complies with the requirements for a day 2 test.

(5) Where a replacement test is taken instead of a day 2 test, P is to be treated as if P had taken a day 2 test in accordance with this regulation.

Requirement to isolate on failure to take tests

6D.— (1) This regulation applies where a person (“P”)—

(a) fails to take a day 2 test in accordance with regulation 6C(1)(a) and fails to take a day 8 test in accordance with regulation 6C(1)(b), or

(b) takes a day 2 test in accordance with regulation 6C(1)(a) (which is negative or inconclusive) but fails to take a day 8 test in accordance with regulation 6C(1)(b).

(2) The last day of P’s isolation under regulation 7 or 8 is the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

(3) But where P takes a test to which paragraph (4) applies and—

(a) the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6C;

(b) the result is negative, regulation 6G applies as if—

(i) P had taken a day 2 test and a day 8 test in accordance with regulation 6C(1), and

(ii) both tests were negative.

(4) This paragraph applies to a day 8 test that is taken—

(a) before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but

(b) before than the end of the seventh day after the day on which P arrives in Wales.

Consequences of positive test result

6E.   Where a test taken by a person (“P”) in accordance with regulation 6C is positive—

(a) regulation 10(3) (isolation requirement ceasing to apply to P when P leaves Wales) and, subject to regulation 6I, regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020(5) do not apply in relation to P, and

(b) the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

Consequences of positive result for person residing in same premises

6F.— (1) This regulation applies where a test taken by a person (“P”) in accordance with regulation 6C is positive and P resides with another person (“A”)—

(a) who is under a requirement to isolate under regulation 7 or 8, and

(b) whose last day of isolation period would, if it were not for this regulation, be determined in accordance with regulation 12.

(2) The last day of A’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of A’s isolation).

(3) But this does not apply where—

(a) the positive test referred to in paragraph (1)(b) is a day 8 test taken by P in accordance with regulation 6C(1)(b), and

(b) A received a positive result to a day 2 test that A took in accordance with regulation 6C(1)(a).

Consequences of not receiving result of day 8 test before end of isolation period

6G.— (1) This regulation applies where a person (“P”)—

(a) takes a day 2 test and a day 8 test in accordance with regulation 6C(1),

(b) receives a negative result to the day 2 test, and

(c) has not received a result to the day 8 test before the end of the last day of P’s isolation under regulation 7 or 8 (as determined under regulation 12).

(2) If the result of P’s day 8 test is negative, the last day of P’s isolation under regulation 7 or 8 is the day on which P receives the result of the day 8 test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

Consequences of receiving inconclusive test result

6H.— (1) Where the result of a test taken by a person (“P”) in accordance with regulation 6C is inconclusive, the last day of P’s isolation under regulation 7 or 8 is determined in accordance with paragraph (2) (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

(2) The last day of P’s isolation is—

(a) the last day of the period of 10 days beginning with the day P took the test, or

(b) where P takes a test to which paragraph (4) applies and the result of the test is negative, the later of—

(i) the last day of the period of 10 days beginning with the day after the day on which P was last in a non-exempt country or territory, or

(ii) the day on which P receives the negative result, or

(c) where P takes a test to which paragraph (4) applies and the result of the test is positive, the last day of the period of 10 days beginning with the day P took the test.

(3) Where paragraph (2)(c) applies, P is not required to take a day 8 test in accordance with regulation 6C.

(4) This paragraph applies to—

(a) a day 8 test taken in accordance with regulation 6C(1)(b);

(b) a day 8 test that is taken—

(i) before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but

(ii) before than the end of the seventh day after the day on which P arrives in Wales.

Tests other than in accordance with these Regulations

6I.— (1) This regulation applies where—

(a) P takes a day 2 test which is negative,

(b) while P is isolating in accordance with regulation 7 or 8, P subsequently takes a test other than in accordance with these Regulations, and

(c) P is notified that the test is positive.

(2) P ceases to be required to isolate in accordance with these Regulations, and regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 applies in relation to P.

Charge for tests

6J.— (1) The Welsh Ministers or a person designated by the Welsh Ministers may impose a charge in respect of day 2 tests or day 8 tests.

(2) The Welsh Ministers—

(a) must publish details of the charges in a way they consider to be appropriate, and

(b) may recover any sum owed by a person pursuant to a charge as a debt.”

(1)

2006 c. 42.

(2)

2006 c. 41.

(3)

1978 c. 29.

(4)

S.I. 1972/1265 (N.I. 14).

(5)

S.I. 2020/1609 (W. 335).