Search Legislation

Advanced Search

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

Status:

Point in time view as at 09/01/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020, PART 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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“EU Digital COVID Certificate” (“Tystysgrif COVID Ddigidol yr UE”) means a certificate of COVID-19 records issued by an EEA state, a member State of the European Free Trade Association, Andorra, Monaco, San Marino or the Vatican City State;]

[F3“exempt country or territory” (“gwlad neu diriogaeth esempt”) means a country or territory within the common travel area, 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.

[F4“private test provider” (“darparwr prawf preifat”) means a test provider other than a public provider;]

[F4“public test provider” (“darparwr prawf cyhoeddus”) means a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006, the National Health Service Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972;]

[F5“qualifying test” ( “prawf cymhwysol”) means a test that is a qualifying test for the purposes of regulation 6A;]

[F6“regulation 2A traveller” (“teithiwr rheoliad 2A”) has the meaning given in regulation 2A;]

[F7“sensitivity” (“sensitifrwydd”), in relation to a device, means how often the device correctly generates a positive result;]

[F8“specificity” (“penodolrwydd”), in relation to a device, means how often the device correctly generates a negative result;]

[F4“test provider” (“darparwr prawf”) means a public test provider or a private test provider.]

(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.

[F9(4) For the purposes of these Regulations, a person who arrives by ship or aircraft in a non-exempt country or territory F10... 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).

[F11Exemptions 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 F12..., 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,

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)is able to provide proof if required by an immigration officer [F15or 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) [F16through—

(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, F17...

[F18(iia)a certificate of COVID-19 records issued by an approved third country or territory;

(iib)a North American Certificate;]

(iii)the Centers for Disease Control and Prevention vaccination card,] [F19or

(iv)a vaccine certificate,] [F20and]

F21(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)has declared that P has completed a course of an authorised vaccine using a facility referred to in regulation 4(1) [F22except where P is a person described in regulation 4(2)].

(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 [F23if 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).

[F24(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; [F25and]

(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); F26...

F27(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) P is—

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) P is F29...—

(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) F30...

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of [F32paragraph (3)], 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.

[F33[F34(7A) For the purposes of paragraph (3)—

(a)where P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine;

(b)where P has received at least two doses of any of the vaccines referred to in sub-paragraph (d) of the definition of “authorised vaccine”, P is deemed to have completed a course of doses of an authorised vaccine.]

(7B) For the purposes of paragraph (6), P has completed a course of doses of a vaccine if P has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine.]

(8) For the purposes of paragraph (6), where P has received a dose of an authorised vaccine F35... and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have [F36completed] a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

[F37(8A) For the purposes of paragraph (6), where P has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed 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—

[F38“authorised vaccine” (“brechlyn awdurdodedig”) means a medicinal product for vaccination against coronavirus F39...—

(a)

in relation to doses received in the United Kingdom [F40, authorised]—

(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 listed in the first column of the table in paragraph (11), [F41authorised] for supply in that country following evaluation by the relevant regulator for the country;

(c)

[F42in relation to doses received in any other country or territory (including a relevant country listed in paragraph (12)), which would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom;]

(d)

[F43in relation to doses received in any country in the world, those vaccines which are—

(i)

listed in lines 10, 11 or 13 of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on 11 November 2021, and

(ii)

authorised or certified in a regulated country listed in paragraph (12);]]

“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);

[F44“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 listed in the first column of the table in paragraph (11) 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;

[F45“North American Certificate” (“Tystysgrif Gogledd America”) means—

(a)

Excelsior Pass Plus (New York);

(b)

Digital COVID-19 Vaccine Record (California);

(c)

WA Verify (Washington state);]

[F46[F47“relevant country” (“gwlad berthnasol”) means a country or territory listed in the first column of the table in paragraph (11) or a country or territory listed in paragraph (12);]

“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, [F48or]

(b)

F49...

(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.

[F50“vaccine certificate” (“tystysgrif brechlyn”) means a certificate in English, French or Spanish issued by the competent health authority of a relevant country [F51, other than a European country or territory listed in the table in paragraph (11) or the United States of America,] which contains—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

the name and manufacturer of the vaccine that P has received;

(d)

the date that P received each dose of the vaccine;

(e)

details of either the identity of the issuer of the certificate or the country of vaccination, or both.]

[F52(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
[F53Australia The Therapeutic Goods Administration]
[F54Canada Health Canada]
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]

[F55(12) The countries and territories referred to in the definition of “relevant country” are—

  • [F56Albania]

  • [F57Angola]

  • [F57Anguilla]

  • Antigua and Barbuda

  • [F57Argentina]

  • [F57Armenia]

  • [F57Azerbaijan]

  • [F56Bahamas]

  • Bahrain

  • [F56Bangladesh]

  • Barbados

  • [F58Belarus]

  • [F57Belize]

  • [F57Bermuda]

  • [F58Bolivia]

  • [F56Bosnia & Herzegovina]

  • [F57Botswana]

  • [F56Brazil]

  • [F57British Antarctic Territory]

  • [F57British Indian Ocean Territory]

  • [F57British Virgin Islands]

  • Brunei

  • [F57Cambodia]

  • [F57Cayman Islands]

  • [F56Chile]

  • [F56Colombia]

  • [F57Costa Rica]

  • [F58Democratic Republic of the Congo]

  • [F57Djibouti]

  • Dominica

  • [F58Dominican Republic]

  • [F58Ecuador]

  • [F56Egypt]

  • [F57Eswatini]

  • [F57Falkland Islands]

  • [F56Georgia]

  • [F56Ghana]

  • [F57Gibraltar]

  • [F56Grenada]

  • [F57Guernsey]

  • [F57Guyana]

  • [F57Honduras]

  • [F56Hong Kong]

  • [F56India]

  • [F56Indonesia]

  • [F57Isle of Man]

  • Israel

  • [F56Jamaica]

  • Japan

  • [F57Jersey]

  • [F56Jordan]

  • [F56Kenya]

  • [F56Kosovo]

  • Kuwait

  • [F58Laos]

  • [F57Lebanon]

  • [F57Lesotho]

  • [F58Libya]

  • [F57Madagascar]

  • [F58Malawi]

  • Malaysia

  • [F56Maldives]

  • [F57Mauritius]

  • [F56Moldova]

  • [F57Mongolia]

  • [F56Montenegro]

  • [F57Montserrat]

  • [F56Morocco]

  • [F58Mozambique]

  • [F56Namibia]

  • [F57Nepal]

  • New Zealand

  • [F56Nigeria]

  • [F56North Macedonia]

  • [F57Occupied Palestinian Territories ]

  • [F56Oman]

  • [F56Pakistan]

  • [F57Panama]

  • [F57Peru]

  • [F56Philippines]

  • [F57Pitcairn, Henderson, Ducie and Oeno Islands]

  • Qatar

  • [F57Rwanda]

  • [F57Saint Helena, Ascension and Tristan da Cunha]

  • [F58Samoa]

  • Saudi Arabia

  • [F58Senegal]

  • [F56Serbia]

  • [F57Seychelles]

  • [F57Sierra Leone]

  • Singapore

  • [F56South Africa]

  • [F57South Georgia and the South Sandwich Islands]

  • South Korea

  • [F57The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]

  • [F57Sri Lanka]

  • [F56St Kitts and Nevis]

  • [F56St Lucia]

  • [F56St Vincent and the Grenadines]

  • [F57Suriname]

  • Taiwan

  • [F57Tanzania]

  • [F56Thailand]

  • [F57Trinidad and Tobago]

  • [F57Tunisia]

  • [F56Turkey]

  • [F57Turks and Caicos Islands]

  • [F57Uganda]

  • [F56Ukraine]

  • United Arab Emirates

  • [F57Uruguay]

  • [F58Vanuatu]

  • [F56Vietnam]

  • [F58Zambia]

  • [F58Zimbabwe]]

[F59(12A) The following countries and territories are approved third countries or territories for the purposes of this Part—

  • Albania

  • Armenia

  • Faroe Islands

  • Israel

  • Morocco

  • North Macedonia

  • Panama

  • Turkey

  • Ukraine.]

[F60(13) Where a course of doses of an authorised vaccine has been administered to a person (“P”) by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity, P is to be treated as if they have received those doses in a relevant country listed in paragraph (12), and any reference to a person from a relevant country in these Regulations is to be construed accordingly.]]

Textual Amendments

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources