The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 4) Regulations 2021

PART 2 Amendments

Amendments to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020

2.  The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020(1) are amended as follows.

Amendment to regulation 10

3.  In regulation 10 (isolation requirements: exceptions), after paragraph (4)(m) insert—

“(n) if required to do so by a constable.”

Amendments to regulation 12E

4.—(1) Regulation 12E (additional measures applicable to persons travelling from a country or territory listed in Schedule 3A) is amended as follows.

(2) In paragraph (2)(d)—

(a) after paragraph (i) insert—

“(ia) paragraphs 7 to 10;”;

(b) paragraph (ii) is omitted.

(3) After paragraph (3) insert—

“(3A) This paragraph applies where an isolation requirement (within the meaning given by regulation 10(2)) is imposed on P where P has entered Wales and has been in a country or territory listed in Schedule 3A at any time in the period beginning with the 10th day before the date of P’s arrival in Wales.

(3B) Where paragraph (3A) applies—

(a) regulations 7, 8, 9 and 10 apply to P with the modifications in paragraphs (3C) to (3F);

(b) the isolation requirement imposed on P as modified by paragraphs (3C) to (3F) is also imposed on all members of P’s household.

(3C) Regulation 7 applies as if—

(a) in paragraph (1), references to “a non-exempt country or territory” were references to “a country or territory listed in Schedule 3A”;

(b) paragraph (4)(b) is omitted.

(3D) Regulation 8 applies as if—

(a) in paragraph (1), references to “a non-exempt country or territory” were references to “a country or territory listed in Schedule 3A”;

(b) paragraph (2)(b) is omitted.

(3E) Regulation 9 applies as if for paragraph (2) there were substituted—

“(2) Regulations 7 and 8 do not apply to a person described in regulation 12E(2).”

(3F) Regulation 10 applies as if—

(a) in paragraph (3), for “paragraph (4)(b) to (k) there” were substituted “paragraph (4)”;

(b) for paragraph (4) there were substituted—

“(4) P may leave and be outside the premises for as long as is necessary—

(a) to travel for the purpose of leaving Wales;

(b) to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner;

(c) to avoid illness, injury, or other risk of harm;

(d) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(e) where P is a child who does not live in the same household as P’s parents, or one of P’s parents, to continue existing arrangements for access to, and contact between, P and P’s parents, and for the purposes of this sub-paragraph, “parent” includes a person who is not a parent of P, but who has parental responsibility for, or who has care of, P;

(f) for compassionate reasons, including to attend the funeral of—

(i) a member of P’s family;

(ii) a close friend;

(g) for the purpose of obtaining a test for coronavirus provided or administered under the National Health Service (Wales) Act 2006(2);

(h) if required to do so by a constable.””

Amendments to regulation 13

5.  For regulation 13 (enforcement of requirement to isolate) substitute—

“13.— (1) Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is isolating in contravention of regulation 7(3) or 8(3)(b) the authorised person may—

(a) direct P to return to the premises where P is residing;

(b) where the authorised person is a constable, remove P to the premises where P is residing;

(c) where the authorised person is a constable and it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to premises secured by the Welsh Ministers which are suitable for P to reside in for the purposes of regulation 7(3) or 8(3)(b).

(2) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 12E(3A), an authorised person may do any of the following for the purpose of ensuring that P complies with a requirement in regulations 7 and 8—

(a) give a direction to P, including a direction—

(i) that P remain in a particular area of a port to await transportation to a specified premises;

(ii) that P move to a particular place to board transportation to a specified premises;

(iii) that P board transportation to travel to specified premises;

(iv) that P remain in the premises where P is residing;

(b) remove P to a specified premises.

(3) Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 12E(3A) and that P has committed an offence under regulation 14(1)(g), the authorised person may—

(a) require P to produce their passport or travel document for examination,

(b) detain P for up to three hours,

(c) search P and any baggage belonging to P or under P’s control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 14(1)(g), and

(d) seize and retain any document or article recovered by a search under sub-paragraph (c).

(4) Paragraph (3) does not confer a power to detain or search an unaccompanied child.

(5) Any search under paragraph (3) must be conducted by an authorised person of the same gender as P.

(6) Paragraph (3) does not confer a power to conduct an intimate search.

(7) An authorised person exercising the power in paragraph (1)(b) or (c), (2)(b) or (3) may use reasonable force, if necessary, in the exercise of the power.

(8) Where P is a child, and has left or is outside of, the premises where they are residing and is accompanied by an individual who has responsibility for them—

(a) an authorised person may direct that individual to take P to the premises where P is residing, and

(b) that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.

(9) Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with a requirement in regulation 7 or 8, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.

(10) An authorised person may take such other action as the authorised person considers necessary and proportionate to facilitate the exercise of a power conferred on the authorised person by this regulation.

(11) An authorised person may only exercise a power conferred on the authorised person by this regulation if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with a requirement in regulation 7 or 8.

(12) For the purposes of this regulation—

“authorised person” (“person awdurdodedig”) means—

(a)

a constable, or

(b)

for the purposes of paragraphs (2), (3) and (10) only, an immigration officer;

“specified premises” (“mangre benodedig”) means a premises specified under regulation 7 or a premises deemed suitable under regulation 8.”

Amendments to Schedule 3A

6.—(1) Schedule 3A (countries and territories subject to additional measures) is amended as follows.

(2) Omit the entries for “Republic of Mauritius” and “Portugal”.

(3) In the appropriate places insert—

“Ethiopia”

“Oman”

“Qatar”

“Somalia”.

(1)

S.I. 2020/574 (W. 132), amended by S.I. 2020/595 (W. 136), S.I. 2020/714 (W. 160), S.I. 2020/726 (W. 163), S.I. 2020/804 (W. 177), S.I. 2020/817 (W. 179), S.I. 2020/840 (W. 185), S.I. 2020/868 (W. 190), S.I. 2020/886 (W. 196), S.I. 2020/917 (W. 205), S.I. 2020/942, S.I. 2020/944 (W. 210), S.I. 2020/962 (W. 216), S.I. 2020/981 (W. 220), S.I. 2020/1015 (W. 226), S.I. 2020/1042 (W. 231), S.I. 2020/1080 (W. 243), S.I. 2020/1098 (W. 249), S.I. 2020/1133 (W. 258), S.I. 2020/1165 (W. 263), S.I 2020/1191 (W. 269), S.I. 2020/1223 (W. 277), S.I. 2020/1232 (W. 278), S.I. 2020/1237 (W. 279), S.I. 2020/1288 (W. 286), S.I. 2020/1329 (W. 295), S.I. 2020/1362 (W. 301), S.I. 2020/1477 (W. 316), S.I. 2020/1521 (W. 325), S.I. 2020/1602 (W. 332), S.I. 2020/1645 (W. 345), S.I. 2021/20 (W. 7), S.I. 2021/24 (W. 8), S.I. 2021/46 (W. 10), S.I. 2021/48 (W. 11), S.I. 2021/50 (W. 12), S.I. 2021/66 (W. 15), S.I. 2021/72 (W. 18), S.I. 2021/95 (W. 26); S.I. 2021/154 (W. 38) and S.I. 2021/305 (W. 78).

(2)

2006 c. 42.