The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 15) Regulations 2020

Welsh Statutory Instruments

2020 No. 1133 (W. 258)

Public Health, Wales

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 15) Regulations 2020

Made

at 3.29 p.m. on 16 October 2020

Laid before the Senedd Cymru

at 6.00 p.m. on 16 October 2020

Coming into force

at 4.00 a.m. on 18 October 2020

The Welsh Ministers, in exercise of the powers conferred on them by sections 45B and 45P(2) of the Public Health (Control of Disease) Act 1984(1), make the following Regulations.

PART 1 General

Title, coming into force and interpretation

1.—(1) The title of these Regulations is the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 15) Regulations 2020.

(2) These Regulations come into force at 4.00 a.m. on 18 October 2020.

(3) In these Regulations, the “International Travel Regulations” means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020(2).

PART 2 Amendments to the list of exempt countries and territories in Schedule 3 to the International Travel Regulations

Removal of countries from the list of exempt countries and territories

2.  In Part 1 of Schedule 3 to the International Travel Regulations (exempt countries and territories outside the common travel area), omit—

“Italy”

“San Marino”

“Vatican City State”.

Transitional provision in connection with regulation 2

3.—(1) Paragraph (2) applies where a person (“P”)—

(a) arrives in Wales at or after 4.00 a.m. on 18 October 2020, and

(b) was last in a country listed in regulation 2—

(i) within the period of 14 days ending with the day of P’s arrival in Wales, and

(ii) before 4.00 a.m. on 18 October 2020.

(2) P is, by virtue of having been in a country listed in regulation 2, to be treated for the purposes of regulations 7(1) and 8(1) of the International Travel Regulations as having arrived in Wales from, or having been in, a non-exempt country or territory.

Amendment to the list of exempt countries and territories

4.  In Part 1 of Schedule 3 to the International Travel Regulations (exempt countries and territories outside the common travel area), in the entry for Greece, for the words from “territories” to the end substitute “territory of Mykonos”.

Transitional provision in connection with regulation 4

5.—(1) Paragraph (2) applies where, immediately before 4.00 a.m. on 18 October 2020—

(a) a person (“P”) was subject to an isolation requirement by virtue of having arrived in Wales from, or having been in the territory of Crete, and

(b) P’s last day of isolation is 18 October 2020 or a day after that day.

(2) The omission by regulation 4 of the territory of Crete from Part 1 of Schedule 3 to the International Travel Regulations does not affect the isolation requirement as it applies to P, nor affect how P’s last day of isolation is determined under the International Travel Regulations.

(3) Paragraph (4) applies where a person (“P”)—

(a) arrives in Wales at or after 4.00 a.m. on 18 October 2020, and

(b) was in the territory of Crete within the period of 14 days ending with the day of P’s arrival in Wales.

(4) For the purposes of regulations 7(1) and 8(1) of the International Travel Regulations, the question of whether P has arrived in Wales from, or having been in, a non-exempt country or territory is, in relation to the territory of Crete, to be determined by reference to whether the territory of Crete was a non-exempt territory when P was last there (and not by reference to the territory’s status upon P’s arrival in Wales).

(5) In this regulation, “isolation requirement” has the meaning given by regulation 10(2) of the International Travel Regulations; and references to P’s last day of isolation are to be interpreted in accordance with regulation 12 of those Regulations.

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

At 3.29 p.m. on 16 October 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (S.I. 2020/574 (W. 132)) (the “International Travel Regulations”). The International Travel Regulations have been previously amended by:

• the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020 (S.I. 2020/595 (W. 136));

• the Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2020 (S.I. 2020/714 (W. 160));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) Regulations 2020 (S.I. 2020/726 (W. 163));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/804 (W. 177));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/817 (W. 179));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/840 (W. 185));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/868 (W. 190));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/886 (W. 196));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 7) Regulations 2020 (S.I. 2020/917 (W. 205));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 8) Regulations 2020 (S.I. 2020/944 (W. 210));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 9) Regulations 2020 (S.I. 2020/962 (W. 216));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 10) Regulations 2020 (S.I. 2020/981 (W. 220));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 11) Regulations 2020 (S.I. 2020/1015 (W. 226));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 12) Regulations 2020 (S.I. 2020/1042 (W. 231));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 13) Regulations 2020 (S.I. 2020/1080 (W. 243));

• the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 14) Regulations 2020 (S.I. 2020/1098 (W. 249)).

The International Travel Regulations impose requirements on persons entering Wales after having been abroad. They include a requirement for persons arriving in Wales to isolate for a period determined in accordance with the Regulations. The requirements imposed by the International Travel Regulations are subject to exceptions, and certain categories of person are exempt from having to comply. Persons entering Wales after being in one or more of the countries and territories listed in Schedule 3 to the International Travel Regulations are not required to isolate. The countries and territories listed in Schedule 3 to the International Travel Regulations are referred to as “exempt countries and territories”, but some of the entries in Schedule 3 are subject to exceptions in respect of particular territories. So for example, in relation to Greece, which is an exempt country for the purposes of the International Travel Regulations, certain Greek islands are excluded from the exemption.

Part 2 of these Regulations amends the list of exempt countries and territories.

Regulation 2 of these Regulations amends Schedule 3 to the International Travel Regulations to remove Italy, San Marino and Vatican City State from the list of exempt countries and territories.

Regulation 3 of these Regulations makes transitional provision relating to these countries’ change of status. The transitional provision addresses a potential area of doubt in terms of the effect on the operation of the International Travel Regulations, of the amendments made by regulation 2 of these Regulations.

Regulation 4 of these Regulations amends Schedule 3 to the International Travel Regulations so that from 4.00 a.m. on 18 October 2020 the Greek island of Crete will no longer be excepted from the exemption for Greece. The island of Mykonos will continue to be excepted from the exemption for Greece.

Regulation 5 of these Regulations makes transitional provision relating to that territory’s change of status. The transitional provision addresses a potential area of doubt in terms of the effect on the operation of the International Travel Regulations, of the amendment made by regulation 4 of these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The function of making regulations under Part 2A is conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister as respects Wales, is the Welsh Ministers.

(2)

S.I. 2020/574 (W. 132) as 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. 2020/944 (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) and S.I. 2020/1098 (W. 249).