The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

PART 4 E+W Requirement to isolate etc.

CHAPTER 1 E+W Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person

Interpretation of Part E+W

10.—(1) In this Part, “ close contact” means contact that a contact tracer considers may lead to a risk of infection or contamination with coronavirus, including—

(a) having face-to-face contact with a person at a distance of less than 1 metre;

(b) spending more than 15 minutes within 2 metres of a person;

(c) travelling in a car or other small vehicle with a person or in close proximity to a person on an aeroplane or in the same carriage of a train.

(2) In regulations 11 and 13, references to an “adult” (“A”) include references to a child aged 16 or 17.

(3) For the purposes of this Part, a person has responsibility for a child if the person has—

(a) custody or charge of the child for the time being, or

(b) parental responsibility for the child.

(4) For the purposes of these Regulations, notification by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State is not a notification.

Commencement Information

I1 Reg. 10 in force at 9.11.2020, see reg. 1(3)

Requirement to isolate: adult with coronavirus E+W

11.—(1) This regulation applies where an adult (“A”) is notified by a contact tracer that A has tested positive for coronavirus on or after 9 November 2020.

(2) A may not leave or be outside the place where A is living before the end of the last day of A's isolation unless regulation 15 applies.

(3) If requested by a contact tracer, A must notify the contact tracer—

(a) of the name of each person living at the place A is living, and

(b) of the address of that place.

(4) The last day of A's isolation is the last day of the period of 10 days beginning with the day of the test which led to the notification referred to in paragraph (1) being given.

(5) But where A reports to a contact tracer the day on which symptoms first developed, the last day of A's isolation is the last day of the period of 10 days beginning with the day which A reports as being the day on which the symptoms first developed.

Commencement Information

I2 Reg. 11 in force at 9.11.2020, see reg. 1(3)

Requirement to isolate: child with coronavirus E+W

12.—(1) This regulation applies where an adult (“A”) is notified by a contact tracer that a child (“C”) for whom A is a responsible adult has tested positive for coronavirus on or after 9 November 2020.

(2) C may not leave or be outside the place where C is living before the end of the last day of C's isolation unless regulation 15 applies.

(3) If requested by a contact tracer, A must notify the contact tracer—

(a) of the name of each person living at the place where C is living, and

(b) of the address of that place.

(4) The last day of C's isolation is the last day of the period of 10 days beginning with the date of the test which led to the notification referred to in paragraph (1) being given.

(5) But in a case where A reports to a contact tracer the day on which C's symptoms first developed, the last day of C's isolation is the last day of the period of 10 days beginning with the day which A reports as being the day on which C's symptoms first developed.

Commencement Information

I3 Reg. 12 in force at 9.11.2020, see reg. 1(3)

Requirement to isolate after close contact: adult E+W

13.—(1) This regulation applies where an adult (“A”) is notified by a contact tracer that A has had close contact on or after 9 November 2020 with a person who has tested positive for coronavirus (“P”).

(2) A may not leave or be outside the place where A is living before the end of the last day of A's isolation unless regulation 15 applies.

(3) A must notify a contact tracer, if requested, of the address of the place where A is living.

(4) The last day of A's isolation is the last day of the period of 14 days beginning with the day which a contact tracer records as being the last day on which A had close contact with P before A received the notification referred to in paragraph (1).

(5) But where A is living in the same place as P, the last day of A's isolation is—

(a) where P, or, where P is a child, a responsible adult (“R”) on P's behalf, reports to a contact tracer the day on which P's symptoms first developed, the last day of the period of 14 days beginning with the day on which P, or R, reports as being the day on which P's symptoms first developed;

(b) where no symptoms are reported, the last day of the period 14 days beginning with the day of the test which led to the notification being given to P, or R, that P had tested positive for coronavirus.

Commencement Information

I4 Reg. 13 in force at 9.11.2020, see reg. 1(3)

Requirement to isolate after close contact: child E+W

14.—(1) This regulation applies where an adult (“A”) is notified by a contact tracer that a child (“C”) for whom A is responsible has had close contact on or after 9 November 2020 with a person who has tested positive for coronavirus (“P”).

(2) C may not leave or be outside the place where C is living before the end of the last day of C's isolation unless regulation 15 applies.

(3) A must notify a contact tracer, if requested, of the address of the place where C is living.

(4) The last day of C's isolation is the last day of the period of 14 days beginning with the day which a contact tracer records as being the last day on which C had close contact with P before A received the notification referred to in paragraph (1).

(5) But where C is living in the same place as P, the last day of C's isolation is—

(a) where P, or, where P is a child, a responsible adult (“R”) on P's behalf, reports to a contact tracer the day on which P's symptoms first developed, the last day of the period of 14 days beginning with the day on which P, or R, reports as being the day on which P's symptoms first developed, or

(b) where no symptoms are reported, the last day of the period 14 days beginning with the day of the test which led to the notification being given to P, or R, that P had tested positive for coronavirus.

Commencement Information

I5 Reg. 14 in force at 9.11.2020, see reg. 1(3)

Isolation requirements: exceptions E+W

15.—(1) Paragraph (2) applies where a person is required to not leave or be outside of the place where the person is living by virtue of regulation 11(2), 12(2), 13(2) or 14(2).

(2) The person may leave and be outside the place where the person is living for as long as is necessary—

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

(b) to access veterinary services where—

(i) they are urgently required, or

(ii) it is not possible for another person at the place that the person is living to access those services;

(c) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings, where it is not possible or practicable to so without leaving the place where the person is living;

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

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

(i) a family member;

(ii) a close friend;

(f) to obtain basic necessities (including for other persons at the place where the person is living or any pets at that place) where it is not possible or practicable—

(i) for another person at the place where the person is living to obtain them, or

(ii) to obtain them by delivery to that place from a third party;

(g) to access public services (including social services or victims' services) where—

(i) access to the service is critical to the person's well-being, and

(ii) the service cannot be provided if the person remains at the place where the person is living;

(h) to move to a different place to live where it becomes impracticable to remain at the place where the person is living.

(3) Regulations 11(2), 12(2), 13(2) and 14(2) do not apply to a person who is homeless.

(4) Regulation 11(2) does not apply to a person who—

(a) has tested positive for coronavirus in the course of a research study (the “prior test”), and

(b) tests positive for coronavirus in the course of the same study within the period of 90 days beginning with the date of the prior test.

Commencement Information

I6 Reg. 15 in force at 9.11.2020, see reg. 1(3)

Requirement on persons with responsibility for children E+W

16.  Where a requirement is imposed under regulation 12(2) or 14(2) on a child, a person with responsibility for the child must take all reasonable measures to ensure that the child complies with the requirement.

Commencement Information

I7 Reg. 16 in force at 9.11.2020, see reg. 1(3)

Withdrawing a notice which requires isolation E+W

17.—(1) This regulation applies where a contact tracer—

(a) has given a notification under regulation 11(1), 12(1), 13(1) or 14(1) (“the original notification”), but

(b) subsequently notifies the recipient of the original notification that it is withdrawn.

(2) The original notification is treated as if it had not been given.

Commencement Information

I8 Reg. 17 in force at 9.11.2020, see reg. 1(3)

CHAPTER 2 E+W Information

Power to use and disclose information E+W

18.—(1) A contact tracer may disclose only such relevant information to a person (“the information holder”) as is necessary for the information holder to have—

(a) for the purposes of—

(i) carrying out a function under these Regulations,

(ii) preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus, or

(iii) monitoring the spread of infection or contamination with coronavirus, or

(b) for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a).

(2) Relevant information is—

(a) where a person is required to isolate in accordance with regulation 11(2), 12(2), 13(2) or 14(2)—

(i) the person's contact information and date of birth;

(ii) the date the person received a notification under regulation 11(1), 12(1), 13(1) or 14(1), or, where the person is a child, the adult with responsibility for the child;

(iii) the particular period in respect of which the person is required to not leave or be outside of the place where the person is living calculated in accordance with regulation 11, 12, 13 or 14;

(iv) details of any fixed penalty notices issued, or proceedings brought, in relation to an offence of contravening regulation 11, 12, 13 or 14 alleged to have been committed by the person;

(b) confirmation a person did not receive a positive coronavirus test (including the person's name, contact information and date of birth).

(3) The information holder may use relevant information disclosed under paragraph (1) only to the extent that it is necessary—

(a) for the purposes of—

(i) carrying out a function under these Regulations,

(ii) preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus, or

(iii) monitoring the spread of infection or contamination with coronavirus, or

(b) for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a).

(4) Subject to paragraph (6), the information holder may disclose only such relevant information to another person (the “recipient”) as is necessary for the recipient to have—

(a) for the purposes of—

(i) carrying out a function of the recipient under these Regulations,

(ii) preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus, or

(iii) monitoring the spread of infection or contamination with coronavirus, or

(b) for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a).

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(6) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation, “data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M1 .

Commencement Information

I9 Reg. 18 in force at 9.11.2020, see reg. 1(3)

Marginal Citations

M1 2018 c. 12.

CHAPTER 3 E+W Special provision relating to persons who have recently been in Denmark

F1 Restrictions relating to persons who have recently been in Denmark E+W

18A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Pt. 4 Ch. 3 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(3)