The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020

PART 1E+WGeneral

Title and coming into forceE+W

1.—(1) The title of these Regulations is the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020.

(2) These Regulations come into force at 12.01 a.m. on 8 June 2020.

Commencement Information

I1Reg. 1 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

General interpretationE+W

2.—(1) In these Regulations –

“child” (“plentyn”) means a person under 18 years of age and any reference to an “adult” (“oedolyn”) is to be interpreted accordingly;

“coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-Cov-2);

[F1“device” (“dyfais”) means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002;]

[F2“exempt country or territory” (“gwlad neu diriogaeth esempt”) means—

(a)

a country or territory within the common travel area;

(b)

a country or territory listed in Schedule 3,

and any reference to a “non-exempt country or territory” (“gwlad neu diriogaeth nad yw’n esempt”) is to be interpreted accordingly;]

“Immigration Acts” (“y Deddfau Mewnfudo”) has the meaning given by section 61 of the UK Borders Act 2007 M1;

“immigration officer” (“swyddog mewnfudo”) means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M2;

“passenger information” (“gwybodaeth am deithiwr”) means the information specified in Schedule 1;

“premises” (“mangre”) includes any garden, yard, passage, stair, garage, outhouse, or other appurtenance of such premises.

[F3“qualifying test” ( “prawf cymhwysol”) means a test that is a qualifying test for the purposes of regulation 6A;]

[F2“regulation 2A traveller” (“teithiwr rheoliad 2A”) has the meaning given in regulation 2A;]

[F4“sensitivity” (“sensitifrwydd”), in relation to a device, means how often the device correctly generates a positive result;]

[F5“specificity” (“penodolrwydd”), in relation to a device, means how often the device correctly generates a negative result;]

(2) For the purpose of these Regulations, a person has responsibility for a child if—

(a)the person has custody or charge of the child, or

(b)the person has parental responsibility for the child (within the meaning of the Children Act 1989) M3.

(3) In these Regulations—

“aircraft” (“awyren”) M4;

“the common travel area” (“yr ardal deithio gyffredin”) M5;

“port” (“porthladd”) M6;

“ship” (“llong”) M7,

have the same meaning as they have in the Immigration Act 1971.

[F6(4) For the purposes of these Regulations, a person who arrives by ship or aircraft in a non-exempt country or territory (within the meaning of regulation 9(1)) is not to be treated as having been in that place unless—

(a)the person disembarks from the aircraft or ship while it is at the place, or

(b)where the person remains on the ship or aircraft while it is at the place, any other passengers embark on the aircraft or ship at the place.]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M12007 c. 30. Section 61 was amended by section 73(5) of the Immigration Act 2014 (c. 22) and section 92(5) of the Immigration Act 2016 (c. 19).

M21971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M4See section 33(1).

M5See section 1(3). It provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M6See section 33(1).

M7See section 33(1).

[F7Exemptions for vaccinated travellers and othersE+W

2A.—(1) In these Regulations, a person (“P”) is a regulation 2A traveller if P meets the requirements of paragraph (2) and any of paragraphs (3) to (6) of this regulation.

(2) P has been in a non-exempt country or territory, except for one listed in Schedule 3A [F8or Metropolitan France], within the period of 10 days ending with the day of P’s arrival in Wales.

(3) P—

(a)has completed a course of doses of an authorised vaccine with the final dose having been received at least 14 days prior to arriving in Wales,

(b)received that course of doses in the United Kingdom [F9or a relevant country],

[F10(ba)if the course of doses was received in the United States of America, is ordinarily resident in the United States of America,]

(c)is able to provide proof if required by an immigration officer [F11or the operator of a commercial service on which P travels to Wales from outside the common travel area] of meeting the requirement in sub-paragraph (a) [F12through—

(i)the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(ii)the EU Digital COVID certificate, or

(iii)the Centers for Disease Control and Prevention vaccination card,]

[F13(ca)is able to provide proof if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area of meeting the requirement in sub-paragraph (ba), and]

(d)has declared that P has completed a course of an authorised vaccine using a facility referred to in regulation 4(1).

(4) P—

(a)has participated in, or is participating in, a clinical trial of an authorised vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004,

(b)is able to provide proof of such participation [F14if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area], and

(c)has declared that P has participated in or is participating in such a clinical trial using a facility referred to in regulation 4(1).

[F15(4A) P—

(a)has participated or is participating in a clinical trial in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus;

(b)is able to provide proof of such participation through the Centers for Disease Control and Prevention vaccination card if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area;

(c)has declared that P meets the COVID-19 vaccination eligibility criteria for reduced isolation and testing requirements using a facility referred to in regulation 4(1); and

(d)is ordinarily resident in the United States of America and is able to provide proof of that residence if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area.]

(5) P is—

(a)ordinarily resident in the United Kingdom [F16or a relevant country], and

(b)under the age of 18 upon arrival in Wales.

(6) P is either—

(a)a person who—

(i)has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received at least 14 days prior to arriving in Wales,

(ii)is able is able to provide proof if required by an immigration officer of the requirements in paragraph (i), and

(iii)has declared that P has completed a course of doses of a vaccines as described in paragraph (i) using a facility referred to in regulation 4(1), or

(b)a dependant of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in Wales.

(7) For the purposes of paragraphs (3) and (6), P has completed a course of doses if P has received the complete course of doses specified—

(a)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 for the authorised vaccine.

(8) For the purposes of paragraph (6), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have received a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(9) For the purposes of this regulation, a child is to be treated as making a declaration using a facility referred to in regulation 4(1), and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child.

(10) In this regulation—

[F17“authorised vaccine” (“brechlyn awdurdodedig”) means a medicinal product for vaccination against coronavirus authorised—

(a)

in relation to doses received in the United Kingdom—

(i)

for supply in the United Kingdom in accordance with a marketing authorisation, or

(ii)

by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012;

(b)

in relation to doses received in a relevant country, for supply in that country following evaluation by the relevant regulator for the country;]

“clinical trial” (“treial clinigol”) has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

“Crown servant” (“gwas y Goron”) has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989:

“government contractor” (“contractiwr y llywodraeth”) has the meaning given in section 12(2) of the Official Secrets Act 1989;

“the licensing authority” (“yr awdurdod trwyddedu”) has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012 (the licensing authority and the Ministers);

[F18“marketing authorisation” (“awdurdodiad marchnata”)—

(a)

in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012;

(b)

in relation to a vaccine authorised for supply in a relevant country other than a member State, means a marketing authorisation granted by the relevant regulator for the country;]

“medicinal product” (“cynnyrch meddyginiaethol”) has the meaning given in regulation 2 of the Human Medicines Regulations 2012 (medicinal products);

“NHS” (“GIG”) means the health service continued under section 1(1) of the National Health Service Act 2006;

“NHS COVID pass” (“pàs COVID y GIG”) means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State through the website at NHS.uk or a COVID-19 post vaccination letter obtained from the NHS;

“NHS Scotland” (“GIG yr Alban”) means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978;

“NHS Wales” (“GIG Cymru”) means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;

[F19“relevant country” (“gwlad berthnasol”) means a country listed in the first column of the table in paragraph (11);

“relevant regulator” (“rheoleiddiwr perthnasol”), in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (11), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;]

“United Kingdom vaccine roll-out overseas” (“rhaglen frechu’r Deyrnas Unedig dramor”) means the administration of vaccination against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government, or

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

[F20(11) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Relevant countryRelevant regulator
a member StateEuropean Medicines Agency
AndorraEuropean Medicines Agency
IcelandEuropean Medicines Agency
LiechtensteinEuropean Medicines Agency
MonacoEuropean Medicines Agency
NorwayEuropean Medicines Agency
San MarinoEuropean Medicines Agency
SwitzerlandSwissmedic
the United States of AmericaUnited States Food and Drug Administration
Vatican City StateEuropean Medicines Agency]]

Textual Amendments