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

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[F1PART 2BE+WMandatory testing requirements

Textual Amendments

Requirement to arrange tests before arriving in WalesE+W

F26B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to take testsE+W

F26C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F2Requirement to book and undertake testsE+W

6AB.—(1) This regulation applies to a person (“P”) aged 5 or over who—

(a)arrives in Wales,

(b)has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and

(c)is not a person described in—

[F3(ai)regulation 6L;]

(i)paragraph 1(1)(a) to (k) of Schedule 2 who satisfies the conditions in paragraph 1(2) of that Schedule;

(ii)paragraphs 2 to 16, and 36 of Schedule 2;

(iii)paragraph 14 of Schedule 5.

(2) In this Part—

(a)a “day 2 test” is a test complying with paragraph 1 of Schedule 1C which is undertaken in the circumstances described in paragraph 1A of that Schedule;

(b)a “day 8 test” is a test complying with paragraph 2 of Schedule 1C which is undertaken in the circumstances described in paragraph 2A of that Schedule;

(c)a “public test provider” is a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006, the National Health Services Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972;

(d)“testing package” means—

(i)in respect of a person to whom regulation 7(1) or 8(1) applies, a booking for a day 2 test and a day 8 test;

[F4(ii)a booking for a day 2 test in respect of—

(aa)a person (“P”) who arrives in Wales having been in an exempt country or territory listed in Schedule 3 within the period of 10 days ending with the day of P’s arrival in Wales;

(bb)a regulation 2A traveller.]

(3) Where P is an adult, P must on arrival in Wales possess a testing package arranged with a public test provider—

(a)for P, and

(b)for a child aged 5 or over for whom P has responsibility and with whom P is travelling.

(4) Where P is an adult who arrives in Wales without possessing a testing package required under paragraph (3), P must as soon as practicable obtain a testing package.

(5) A test is not to be treated as having been arranged in accordance with this regulation unless—

(a)the person arranging the tests notified the public test provider that the tests were being arranged for the purposes of this regulation, and

(b)the information in Schedule 1B was provided to the public test provider in relation to P.

(6) When the tests are arranged, the public test provider must provide a test reference number—

(a)to P, and

(b)to any person who arranges tests on P’s behalf.

(7) Subject to paragraph (8), where P—

(a)is an adult, they must undertake the tests in accordance with their testing package;

(b)is a child aged 5 or over, an adult with responsibility for P must, so far as reasonably practicable, ensure that P undertakes the tests in accordance with the testing package.

(8) Where P’s day 2 test generates a positive result, P is not required to undertake a day 8 test.

(9) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a test (“a replacement test”) complying with the requirements that apply to the test that was missed.

(10) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation;

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(11) A person who possesses a testing package must provide evidence of it if requested by an immigration officer or a constable.]

Textual Amendments

Requirement to isolate on failure to take testsE+W

F56D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F5Requirement to isolate on failure to take tests: travellers from non-exempt countries and territoriesE+W

6DA.—(1) This regulation applies in respect of a person (“P”) to whom regulations 6AB(1) and either 7(1) or 8(1) apply.

(2) This paragraph applies where—

(a)P fails to undertake a day 8 test, and

(b)either—

(i)P fails to undertake a day 2 test, or

(ii)P’s day 2 test generates a negative or inconclusive result.

(3) Where paragraph (2) applies, the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

(4) Where paragraph (2) applies but P subsequently takes a test to which paragraph (5) applies and—

(a)the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6AB;

(b)the result is negative, regulation 6G applies as if—

(i)P had taken a day 2 test and a day 8 test in accordance with regulation 6AB, and

(ii)both tests were negative.

(5) This paragraph applies to a day 8 test that is taken—

(a)before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (2) did not apply, but

(b)not before the end of the seventh day after the day on which P arrives in Wales.

Textual Amendments

[F6Requirement to isolate on failure to take tests: travellers from exempt countries and territories and regulation 2A travellers]E+W

6DB.—(1) This regulation applies in respect of a person (“P”) to whom regulation 6AB(1) applies but to whom neither regulation 7(1) nor 8(1) applies.

(2) This paragraph applies where P fails to take a day 2 test.

(3) Where paragraph (2) applies, P is to be treated as if the requirements of regulation 7 applied and P must enter into and remain in isolation in accordance with that regulation until the last day of the period of 14 days beginning with the day after the day on which P was last in a country or territory [F7outside the common travel area].

(4) Where paragraph (2) applies but P subsequently takes a test to which paragraph (5) applies and—

(a)the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6AB;

(b)the result is negative, P is no longer required to isolate in accordance with regulation 7.

(5) This paragraph applies to a test which—

(a)complies with the requirements for a day 2 test in paragraph 1 of Schedule 1C,

(b)is arranged in accordance with regulation 6AB(5), and

(c)is undertaken within 10 days of the day on which P arrived in Wales.]

Textual Amendments

Consequences of positive test resultE+W

[F86E.  Where a test taken by a person (“P”) in accordance with regulation 6AB is positive—

(a)where P is a person—

(i)to whom regulation 7(1) or 8(1) applies, the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation), or

(ii)to whom regulation 7(1) or 8(1) does not apply, P is to be treated as if the requirements of regulation 7 applied and P must enter into and remain in isolation in accordance with that regulation until the last day of the period of 10 days beginning with the day on which P took the test, and

(b)regulation 10(3) (isolation requirement ceasing to apply to P when P leaves Wales) of these Regulations and, subject to regulation 6I, regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 do not apply in relation to P.]

Textual Amendments

Consequences of positive result for person residing in same premisesE+W

6F.—(1) This regulation applies where a test taken by a person (“P”) in accordance with [F9regulation 6AB] is positive and P resides with another person (“A”)—

(a)who is under a requirement to isolate under regulation 7 or 8, and

(b)whose last day of isolation period would, if it were not for this regulation, be determined in accordance with regulation 12.

(2) The last day of A’s isolation under regulation 7 or 8 is the last day of the period of 10 days beginning with the day on which P took the test (and regulation 12 does not apply for the purposes of determining the last day of A’s isolation).

(3) But this does not apply where—

(a)the positive test referred to in paragraph (1)(b) is a day 8 test taken by P in accordance with [F10regulation 6AB], and

(b)A received a positive result to a day 2 test that A took in accordance with [F11regulation 6AB].

Textual Amendments

Consequences of not receiving result of day 8 test before end of isolation periodE+W

6G.—(1) This regulation applies where a person (“P”)—

(a)takes a day 2 test and a day 8 test in accordance with [F12regulation 6AB],

(b)receives a negative result to the day 2 test, and

(c)has not received a result to the day 8 test before the end of the last day of P’s isolation under regulation 7 or 8 (as determined under regulation 12).

(2) If the result of P’s day 8 test is negative, the last day of P’s isolation under regulation 7 or 8 is the day on which P receives the result of the day 8 test (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).

[F13(3) Except where paragraph (2) applies, the last day of P’s isolation under regulation 7 or 8 is the last day of the period of 14 days beginning with the day after the day on which P was last in a non-exempt country or territory (and regulation 12 does not apply for the purposes of determining the last day of P’s isolation).]

Textual Amendments

Consequences of receiving inconclusive test resultE+W

F146H.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F14Consequences of receiving inconclusive test result: travellers from non-exempt countries and territoriesE+W

6HA.—(1) This regulation applies in respect of a person (“P”) to whom regulations 6AB(1) and either 7(1) or 8(1) apply.

(2) This paragraph applies where the result of a test taken by P in accordance with regulation 6AB is inconclusive.

(3) Where paragraph (2) applies, the last day of P’s isolation under regulation 7 or 8 is—

(a)the last day of the period of 10 days beginning with the day P took the test, or

(b)where P takes a test to which paragraph (5) applies and the result of the test is negative, the later of—

(i)the last day of the period of 10 days beginning with the day after the day on which P was last in a non-exempt country or territory, or

(ii)the day on which P receives the negative result, or

(c)where P takes a test to which paragraph (5) applies and the result of the test is positive, the last day of the period of 10 days beginning with the day P took the test.

(4) Where paragraph (3)(c) applies, P is not required to take a day 8 test in accordance with regulation 6AB.

(5) This paragraph applies to—

(a)a day 8 test taken in accordance with regulation 6AB;

(b)a test which—

(i)complies with the requirements for a day 8 test in paragraph 2 of Schedule 1C,

(ii)is arranged in accordance with regulation 6AB(5), and

(iii)is taken—

(aa)before the end of P’s isolation period as it would have been determined under regulation 12 if paragraph (1) did not apply, but

(bb)before the end of the seventh day after the day on which P arrives in Wales.

Textual Amendments

[F15Consequences of receiving inconclusive test result: travellers from exempt countries and territories and regulation 2A travellers]E+W

6HB.—(1) This regulation applies in respect of a person (“P”) to whom regulation 6AB(1) applies but to whom neither regulation 7(1) nor 8(1) applies.

(2) This paragraph applies where the result of a test taken by P in accordance with regulation 6AB is inconclusive.

(3) Where paragraph (2) applies, P is to be treated as if the requirements of regulation 7 applied and P must enter into and remain in isolation in accordance with that regulation until the last day of the period of 10 days beginning with the day after the day on which P was last in a country or territory [F16outside the common travel area].

(4) Where paragraph (2) applies but P subsequently takes a test to which paragraph (5) applies and—

(a)the result is positive, regulation 6E applies as if the test had been undertaken in accordance with regulation 6AB;

(b)the result is negative, P is no longer required to isolate in accordance with regulation 7.

(5) This paragraph applies to a test which—

(a)complies with the requirements for a day 2 test in paragraph 1 of Schedule 1C,

(b)is arranged in accordance with regulation 6AB(5), and

(c)is undertaken within 10 days of the day on which P arrived in Wales.]

Textual Amendments

Tests other than in accordance with these RegulationsE+W

6I.—(1) This regulation applies where—

(a)P takes a day 2 test which is negative,

(b)while P is isolating in accordance with regulation 7 or 8, P subsequently takes a test other than in accordance with these Regulations, and

(c)P is notified that the test is positive.

(2) P ceases to be required to isolate in accordance with these Regulations, and regulation 6 or 7, as appropriate, of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 applies in relation to P.

Charge for testsE+W

6J.—(1) The Welsh Ministers or a person designated by the Welsh Ministers may impose a charge in respect of day 2 tests or day 8 tests.

(2) The Welsh Ministers—

(a)must publish details of the charges in a way they consider to be appropriate, and

(b)may recover any sum owed by a person pursuant to a charge as a debt.]

[F17Workforce testingE+W

6K.—[F18(1) This regulation applies to a person (“P”) aged 5 or over who—

(a)arrives in Wales,

(b)has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and

(c)is a person specified in—

(i)paragraph 6 of Schedule 2, or

(ii)regulation 12E(2)(g).]

[F19(1A) P must take a workforce test for day 2 in accordance with paragraph (6) where P—

(a)is a regulation 2A traveller, or

(b)has not been in a non-exempt country or territory within the period of 10 days ending with the day of P’s arrival in Wales.]

(2) [F20Where paragraph (1A) does not apply,] P must undertake a workforce test for day 2, day 5 and day 8 in accordance with paragraph (6) in relation to each category of test.

(3) Where P does not undertake a workforce test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement workforce test.

(4) Where a replacement workforce test is undertaken instead of—

(a)a workforce test to be undertaken for day 2, P is to be treated as if they had undertaken a workforce test on day 2 in accordance with this regulation;

(b)a workforce test to be undertaken for day 5, P is to be treated as if they had undertaken a workforce test on day 5 in accordance with this regulation;

(c)a workforce test to be undertaken for day 8, P is to be treated as if they had undertaken a workforce test on day 8 in accordance with this regulation.

(5) Schedule 2D makes further provision about workforce tests (including the consequences of testing).

(6) In these Regulations—

(a)“a replacement workforce test” means a workforce test complying with the requirements that apply to the workforce test that was missed;

(b)“a workforce test” means a test [F21for the detection of coronavirus] which is provided or administered under the National Health Service (Wales) Act 2006;

(c)“a workforce test undertaken for day 2” means a test which is undertaken no later than the end of the second day after the day on which P arrived in Wales;

(d)“a workforce test undertaken for day 5” means a workforce test which—

(i)is undertaken after a workforce test for day 2,

(ii)is undertaken no earlier than the end of the second day after the day on which P arrived in Wales, and

(iii)is undertaken before the end of the fifth day after the day on which P arrived in Wales;

(e)“a workforce test undertaken for day 8” means a workforce test which—

(i)is undertaken after a workforce test undertaken for day 5,

(ii)is undertaken no earlier than the end of the fourth day after the day on which P arrived in Wales, and

(iii)is undertaken before the end of the eighth day after the day on which P arrived in Wales.]

Textual Amendments

[F22Specified events testingE+W

6L.—(1) This regulation applies to a person (“P”) aged 5 or over who—

(a)arrives in Wales,

(b)has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and

(c)is a relevant person at a specified event.

(2) P must take an event test for day 2 in accordance with paragraph (9) where P—

(a)is a regulation 2A traveller, or

(b)has not been in a non-exempt country or territory within the period of 10 days ending with the day of P’s arrival in Wales.

(3) Where paragraph (2) does not apply, P must undertake an event test for day 2, and day 8 in accordance with paragraph (9) in relation to each category of test.

(4) Where P does not undertake an event test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement event test.

(5) Where a replacement event test is undertaken instead of—

(a)an event test to be undertaken for day 2, P is to be treated as if they had undertaken an event test on day 2 in accordance with this regulation;

(b)an event test to be undertaken for day 8, P is to be treated as if they had undertaken an event test on day 8 in accordance with this regulation.

(6) Regulations 6DA to 6HB apply to a person subject to this regulation as if—

(a)references to regulation 6AB and 6AB(1) were to regulation 6L and 6L(1) respectively;

(b)references to a day 2 test were to an event test undertaken for day 2;

(c)references to a day 8 test were to an event test undertaken for day 8;

(d)for regulation 6DB(5) there were substituted—

“(5) This paragraph applies to a replacement event test.”;

(e)for regulation 6HA(5) there were substituted—

“(5) This paragraph applies to a replacement event test.”

(7) Where an event test generates an inconclusive result, P must as soon as reasonably practicable undertake a further event test and that further event test is to be treated as a replacement event test.

(8) A person responsible for organising a specified event must—

(a)take reasonable steps to facilitate the taking of events tests by a relevant person in relation to the specified event they have responsibility for;

(b)have regard to any guidance issued by the Welsh Ministers for the purposes of sub-paragraph (a).

(9) In this regulation—

“an event test” (“prawf digwyddiad”) means a test for the detection of coronavirus;

“an event test undertaken for day 2” (“prawf digwyddiad a gymerir ar gyfer diwrnod 2”) means a test which is undertaken no later than the end of the second day after the day on which P arrived in Wales;

“an event test undertaken for day 8” (“prawf digwyddiad a gymerir ar gyfer diwrnod 8”) means an event test which is undertaken before the end of the eighth day after the day on which P arrived in Wales

“relevant person” (“person perthnasol”) in relation to a specified event means—

(a)

a person participating in or at the event to derive a living;

(b)

an individual essential to the running of the event, including—

(i)

operational staff essential to the running of the event;

(ii)

event officials;

(iii)

referees;

(iv)

broadcast staff and journalists covering the event;

(c)

an individual essential to the support of a person described in paragraph (a), including—

(i)

medical, logistical, technical and administration staff;

(ii)

the parent or carer of a such a person, where that person is under the age of 18;

“a replacement event test” (“prawf digwyddiad arall”) means an event test complying with the requirements that apply to the event test that was missed or provided an inconclusive result;

“a specified event” (“digwyddiad penodedig”) means an event listed in Schedule 1E.

(10) In this regulation, when considering whether a person derives a living from participating in an event, any payment made for a person’s benefit by reason of their participation is to be taken into account, including payment by way of salary, prize money or through a contractual arrangement of any other kind.]

Textual Amendments

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