The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

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

5.—(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 6 and 8, 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. 5 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate: adult with coronavirus E+W

6.—(1) This regulation applies where an adult (“A”) is notified by a contact tracer that A has tested positive for coronavirus.

(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 10 or 11 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 after 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 after the day which A reports as being the day on which the symptoms first developed.

Commencement Information

I2 Reg. 6 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate: child with coronavirus E+W

7.—(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.

(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 10 or 11 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 day after the day 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 after the day which A reports as being the day on which C's symptoms first developed.

Commencement Information

I3 Reg. 7 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate after close contact: adult E+W

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

(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 10 or 11 applies.

(3) If requested by a contact tracer, A must notify the contact tracer 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 10 days beginning with the day after 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 10 days beginning with the day after 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 of 10 days beginning with the day after 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. 8 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate after close contact: child E+W

9.—(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 with a person (“P”) who has tested positive for coronavirus.

(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 10 or 11 applies.

(3) If requested by a contact tracer, A must notify the contact tracer 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 10 days beginning with the day after 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 10 days beginning with the day after 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 of 10 days beginning with the day after 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. 9 in force at 20.12.2020, see reg. 1(3)

Isolation requirements: general exceptions E+W

10.—(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 6(2), 7(2), 8(2) or 9(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, and

(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 do 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;

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

(3) Regulations 6(2), 7(2), 8(2) and 9(2) do not apply to a person who is homeless.

(4) Regulation 6(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. 10 in force at 20.12.2020, see reg. 1(3)

Isolation requirements: exception for participants in a testing scheme E+W

11.—(1) This regulation applies where—

(a) a person (“P”) is required to not leave or be outside of the place where P is living by virtue of regulation 8(2) or 9(2) (“the isolation requirement”), and

(b) P agrees to participate in a testing scheme.

(2) If P's first test under the testing scheme is negative for coronavirus, the isolation requirement ceases to apply to P from the time P receives the result of the test, subject to paragraphs (3) and (4).

(3) If the result of a test taken by P under the testing scheme is positive for coronavirus, the isolation requirement applies to P from the time P receives the result of the test as if it had not ceased to apply by virtue of paragraph (2).

(4) Despite paragraph (2) the isolation requirement applies to P on—

(a) non-test days;

(b) any day on which P is required to take a test under the scheme but fails to do so.

(5) If P's last test under the testing scheme is negative for coronavirus, the isolation requirement ceases to apply to P from the earlier of—

(a) the time P receives the result of the test, or

(b) P's last day of isolation calculated in accordance with regulation 8 or 9 as the case may be.

(6) Where P is a child—

(a) a person with responsibility for P must agree on P's behalf that P is to participate in a testing scheme;

(b) the references in paragraphs (2) and (5)(a) to P receiving the result of a test include references to a person with responsibility for P receiving the result.

(7) In this regulation—

(a) “testing scheme” means a scheme designated by the Welsh Ministers under which P is required to take a number of tests for coronavirus specified in the scheme, on dates and in a manner so specified;

(b) “non-test day” means a day between the day on which P takes the first and last test under the scheme on which P is not required to take a test under the scheme.

Commencement Information

I7 Reg. 11 in force at 20.12.2020, see reg. 1(3)

[F1 [F2 Requirement to isolate: specific provision for people who are in Wales on 22 January 2021 and who have been in the Democratic Republic of the Congo or the United Republic of Tanzania in the previous 10 days] E+W

11A.— (1) This regulation applies where a person (“P”)—

(a) is in Wales at [F3 4.00 a.m. on [F4 22 January]],

(b) has arrived in Wales within the period of 10 days ending immediately before [F5 4.00 a.m. on [F6 22 January]], and

(c) has been in [F7 the Democratic Republic of the Congo or the United Republic of Tanzania] within that period.

(2) Unless regulation 11B applies P, and any person living in the same household with P, may not leave or be outside the place where they are living until the end of the period of 10 days beginning with the day on which P [F8 was last in [F9 the Democratic Republic of the Congo or the United Republic of Tanzania]].

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

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

(b) of the address of that place.

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 11A, 11B inserted (24.12.2020 at 9.00 a.m.) by The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020 (S.I. 2020/1645), regs. 1(2), 4(2)

F2 Reg. 11A heading substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66), regs. 1(2), 4(2)(a)

F3 Words in reg. 11A(1)(a) substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(3)(b)(i)

F4 Words in reg. 11A(1)(a) substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66), regs. 1(2), 4(2)(b)(i)

F5 Words in reg. 11A(1)(b) substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(3)(b)(ii)

F6 Words in reg. 11A(1)(b) substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66), regs. 1(2), 4(2)(b)(ii)

F7 Words in reg. 11A(1)(c) substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66), regs. 1(2), 4(2)(b)(iii)

F8 Words in reg. 11A(2) substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(3)(c)

F9 Words in reg. 11A(2) substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66), regs. 1(2), 4(2)(c)

F10 Reg. 11A(4) omitted (22.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66), regs. 1(2), 4(2)(d)

[F11 Requirement to isolate: specific provision for people who are in Wales on [F12 29 January] 2021 and who have been in certain countries in the previous 10 days E+W

11AA.— (1) This regulation applies where a person (“P”)—

(a) is in Wales at 4.00 a.m. on [F13 29 January],

(b) has arrived in Wales within the period of 10 days ending immediately before 4.00 a.m. on [F14 29 January], and

(c) has been in a listed country within that period.

(2) Unless regulation 11B applies, P, and any person living in the same household with P, may not leave or be outside the place where they are living until the end of the period of 10 days beginning with the day on which P was last in a listed country.

(3) If requested by a contract tracer, P must notify the contract tracer—

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

(b) of the address of that place.

[F15 (4) For the purposes of this regulation, the following are listed countries—

(a) Republic of Burundi;

(b) Republic of Rwanda;

(c) United Arab Emirates.]

F16 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F11 Reg. 11AA inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 (S.I. 2021/46), regs. 1(2), 8(3)

F12 Words in reg. 11AA heading substituted (29.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 4) (Wales) Regulations 2021 (S.I. 2021/95), regs. 1(2), 4(2)(a)

F13 Words in reg. 11AA(1)(a) substituted (29.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 4) (Wales) Regulations 2021 (S.I. 2021/95), regs. 1(2), 4(2)(b)(i)

F14 Words in reg. 11AA(1)(b) substituted (29.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 4) (Wales) Regulations 2021 (S.I. 2021/95), regs. 1(2), 4(2)(b)(ii)

F15 Reg. 11AA(4) substituted (29.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 4) (Wales) Regulations 2021 (S.I. 2021/95), regs. 1(2), 4(2)(c)

F16 Reg. 11AA(5) omitted (29.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 4) (Wales) Regulations 2021 (S.I. 2021/95), regs. 1(2), 4(2)(d)

Isolation requirements: specific exception for people who have been in [F17 certain countries] E+W

11B.— (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 11A(2) [F18 or 11AA(2)].

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

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

(b) if required to do so by a constable;

(c) for as long is necessary to avoid serious illness, serious injury [F19 , other risk of serious harm or to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings].]

Textual Amendments

F1 Regs. 11A, 11B inserted (24.12.2020 at 9.00 a.m.) by The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020 (S.I. 2020/1645), regs. 1(2), 4(2)

F17 Words in reg. 11B heading substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(4)(a)

F18 Words in reg. 11B(1) inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 (S.I. 2021/46), regs. 1(2), 8(4)

F19 Words in reg. 11B(2)(c) substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(4)(b)

Requirement on persons with responsibility for children E+W

12.  Where a requirement is imposed under regulation 7(2) [F20 , 9(2) [F21 , 11A(2) or 11AA(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.

Textual Amendments

F20 Words in reg. 12 substituted (24.12.2020 at 9.00 a.m.) by The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020 (S.I. 2020/1645), regs. 1(2), 4(3)

F21 Words in reg. 12 substituted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 (S.I. 2021/46), regs. 1(2), 8(5)

Commencement Information

I8 Reg. 12 in force at 20.12.2020, see reg. 1(3)

Withdrawing a notice which requires isolation E+W

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

(a) has given a notification under regulation 6(1), 7(1), 8(1) or 9(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

I9 Reg. 13 in force at 20.12.2020, see reg. 1(3)