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

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Point in time view as at 09/04/2021.

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PART 3E+WRequirement to isolate etc.

Requirement to isolate: arrivals from outside the United KingdomE+W

7.—(1) This regulation applies to a person (“P”)—

(a)who arrives in Wales by ship or aircraft from a [F1non-exempt country or territory], or

(b)who—

(i)arrives in Wales by ship or aircraft from [F2an exempt country or territory that is not part of the United Kingdom], and

(ii)has, within the period of [F310] days ending with the day of P's arrival in Wales, [F4been in a non-exempt country or territory].

(2) P must—

(a)travel directly to specified premises in Wales suitable for P to reside in until the end of the last day of P's isolation, or

(b)travel directly to a part of the United Kingdom other than Wales.

(3) Where P travels to specified premises in Wales to reside in, as required by paragraph (2)(a), P may not leave or be outside the premises before the end of the last day of P's isolation unless—

(a)authorised by regulation 10(4) (temporary departure from premises) to do so, or

(b)this paragraph ceases to apply in relation to P by virtue of regulation 10(3) (leaving Wales).

(4) For the purposes of paragraphs (2) and (3), the specified premises are—

(a)the premises specified in P's passenger information as the premises at which P intends to reside for the purposes of this regulation (unless sub-paragraph (d) applies to P);

(b)if P is a person described in—

(i)paragraph 1(1)(a) to (k) of Schedule 2 who has not satisfied the conditions in paragraph 1(2) of that Schedule, or

(ii)paragraph 1(1)(l) of that Schedule,

premises at which P intends to reside for the purposes of this regulation;

(c)if P's passenger information does not specify premises at which P intends to reside for the purposes of this regulation, the premises arranged by P under paragraph (5);

(d)if P is subject to a requirement imposed under or by virtue of the Immigration Acts to reside at particular premises in Wales, those premises.

(5) Where P's passenger information does not specify premises at which P intends to reside for the purposes of this regulation, P must, as soon as is reasonably practicable—

(a)make arrangements to reside at premises in Wales suitable for P to reside in until the end of the last day of P's isolation, and

(b)notify the Secretary of State of the address of those premises electronically using a facility provided by the Secretary of State for this purpose.

(6) But where P arrived in Wales at a port, P must comply with the requirements of paragraph (5) before leaving the port.

(7) Where paragraph (5) applies, the Welsh Ministers must provide or secure the provision of such assistance as they consider necessary (if any) to ensure P is able to make the arrangements mentioned in paragraph (5)(a).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Reg. 7 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Requirement to isolate: arrivals from another part of the United KingdomE+W

8.—(1) This regulation applies to a person (“P”) —

(a)who arrives in Wales from elsewhere in the United Kingdom, and

(b)has within the period of [F510] days ending with the day of P's arrival in Wales, [F6been in a non-exempt country or territory].

(2) But references to P do not include—

(a)a person—

(i)who arrives in Wales for the purpose of returning to the premises in Wales at which the person is residing for the purposes of regulation 7(3), and

(ii)who left Wales temporarily, for one or more of the reasons authorised by regulation 10(4);

(b)a person—

(i)who is required to reside at premises elsewhere in the United Kingdom by provision in Regulations made as respects England, Scotland or Northern Ireland (as the case may be) that are equivalent to these Regulations,

(ii)who is permitted to leave that other part of the United Kingdom temporarily by virtue of those Regulations, and

(iii)who remains in Wales for no longer than is necessary.

[F7(c)a person—

(i)who is no longer required to isolate under the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 by virtue of regulation 4(13A) of those Regulations,

(ii)who is in Wales for one or more of the reasons listed in regulation 10(4)(b) to (k) of these Regulations, and

(iii)who remains in Wales for no longer than is necessary.]

(3) P must—

(a)travel directly to premises in Wales that are suitable for P to reside in until the end of the last day of P's isolation, and

(b)may not leave or be outside the premises before the end of the last day of P's isolation unless—

(i)authorised by regulation 10(4) (temporary departure from premises) to do so, or

(ii)this paragraph ceases to apply in relation to P by virtue of regulation 10(3) (leaving Wales).

(4) P must also—

(a)before arriving in Wales, or

(b)as soon as practicable after arriving,

notify the Secretary of State of the address of the premises at which P intends to reside for the purposes of paragraph (3) electronically using a facility provided by the Secretary of State for this purpose.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 8 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Isolation requirements: exemptionsE+W

9.—[F8(1) For the purposes of this Part, “exempt country or territory” 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” is to be interpreted accordingly.]

[F9(2)] Regulations 7 and 8 do not apply to a person described in —

(a)paragraph 1(1)(a) to (k) of Schedule 2 who satisfies the conditions in [F10paragraph 1(2)] of that Schedule;

(b)[F11paragraphs [F122 to 5, 6A to 16] and 36 of Schedule 2];

[F13(ba)subject to paragraph (3), paragraph 6 of Schedule 2;]

[F14(c)a person described in [F15subject to paragraph (3), regulation 12E(2)(a) to (d)] (additional measures applicable to persons travelling from a country or territory listed in Schedule 3A).]

[F16(3) Regulations 7 and 8 apply to a person (“P”) described in paragraph 6 of Schedule 2 in accordance with paragraphs (4) to (6).

(4) Where P is a person described in paragraph 6(d)(i) (driver of a goods vehicle) the premises at which the person must isolate for the purposes of an isolation requirement (within the meaning in regulation 10(2)) is—

(a)in the goods vehicle while undertaking the work described in that paragraph,

(b)in the goods vehicle while not undertaking the work described in that paragraph if P is travelling alone in a goods vehicle with a compartment behind the driver’s seat intended to be used for sleeping (“a sleeper cab”), subject to paragraph (c)(ii),

(c)in a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph—

(i)if P is travelling in a goods vehicle without a sleeper cab, or

(ii)if isolating in a goods vehicle would contravene Article 8 of Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport,

(d)in the goods vehicle or a hotel, hostel or bed and breakfast accommodation while not undertaking the work described in that paragraph if P is travelling with another person in a goods vehicle with a sleeper cab.

(5) Where P is a person who is ordinarily resident in the United Kingdom, paragraph (4) only applies while they are undertaking the work described in paragraph 6(2)(d)(i) of Schedule 2.

(6) Where P is a person described in paragraph 6(2)(d)(ii) (holder of a Community licence) and is not ordinarily resident in the United Kingdom, P is not required to comply with an isolation requirement while undertaking the work referred to in that paragraph.]

Textual Amendments

Commencement Information

I3Reg. 9 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Isolation requirements: exceptionsE+W

10.—(1) This regulation applies where a person (“P”) is required to reside in (and not leave or be outside of) premises in Wales by an isolation requirement.

(2) “Isolation requirement” in relation to P means a requirement imposed by—

(a)regulation 7(3);

(b)regulation 8(3)(b).

(3) An isolation requirement ceases to apply in relation to P if P leaves Wales, unless P is temporarily outside Wales for a purpose authorised by paragraph (4)(b) to [F17(k)].

(4) P may leave and be outside of the premises for as long as is necessary—

(a)to travel for the purpose of leaving Wales in the manner described by paragraph (3);

(b)to obtain basic necessities (including for other persons at the premises or any pets at the premises), where it is not possible or practicable—

(i)for another person at the premises to obtain them on P's behalf, or

(ii)to obtain them by delivery to the premises from a third party;

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

(d)to receive a health service provided by a registered medical practitioner, where the provision of the service was arranged before P's arrival in the United Kingdom;

(e)to assist a person receiving a health service described in paragraph (d), or to accompany that person if P is a child for whom the person has responsibility;

[F18(ea)where P is a child who does not live in the same household as P’s parents, or one of P’s parents, to continue existing arrangements for access to, and contact between, P and P’s parents, and for the purposes of this sub-paragraph, “parent” includes a person who is not a parent of P, but who has parental responsibility for, or who has care of, P;]

(f)to access veterinary services where—

(i)they are required urgently for a pet at the premises, and

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

(g)to carry out specified activities in relation to edible horticulture, but only if P is residing at the premises in connection with those activities;

(h)to avoid illness or injury or to escape a risk of harm;

(i)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

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

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

(ii)the service cannot be provided if P remains at the premises;

[F19(ja)where P is competing in a sporting event specified in Schedule 4 or providing coaching or other support to a person who is competing in such an event, to participate in the event or to undertake training or other activities connected to the event;

(jb)where P is officiating at, or is involved in running, such a sporting event, to attend the event or to undertake activities connected to officiating or running the event;

F20(jc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(jd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(jh)where P is an elite athlete who has travelled to the United Kingdom to undergo one or more medical examination, to attend that medical examination, provided—

(i)the medical examination is for the purpose of a business determining whether to offer P a contract to participate in an elite competition on behalf of that business,

(ii)P is in possession of written confirmation from that business of the arrangements referred to in paragraph (i), and

(iii)such arrangements were made prior to P arriving in the United Kingdom;

(ji)where P is a person who is travelling with an elite athlete for the purpose of sub-paragraph (jh), to provide assistance and support to that elite athlete in connection with such medical examination;

(jj)where P is an elite athlete who has contracted with a business to participate in an elite competition, to participate in such competition or undertake training or other activities connected to that elite competition;]

F22(je). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(jf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(jg). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

(i)a member of P's family;

(ii)a close friend;

[F23(l)for the purpose of obtaining a test for coronavirus provided or administered under the National Health Service (Wales) Act 2006;

(m)where P is a person falling within any of the paragraphs in Schedule 5, in order to travel directly to or from any place where P’s presence is required for the purposes of P’s work, or for the purposes of an activity to which the relevant paragraph in Schedule 5 relates (as the case may be), and when P is in attendance at that place;]

[F24(n)if required to do so by a constable;]

[F25(o)if isolating in a goods vehicle by virtue of regulation 9(4)—

(i)for sanitary reasons,

(ii)to take exercise outside,

(iii)where required or permitted by that paragraph, to move to a different place for isolation,

(iv)to inspect the vehicle or its load or to carry out any other task required for the safe and continued operation of the vehicle, including refuelling, and

(v)for any other reason or purpose specified in this paragraph;

(p)to undertake a workforce test required by regulation 6K.]

(5) Where—

(a)a legal obligation requires P to change the premises at which P resides for the purpose of an isolation requirement, or

(b)P is otherwise unable to remain at the premises at which P is residing for the purpose of an isolation requirement,

P may travel directly to alternative premises in Wales that are suitable for P to reside in until the end of the last day of P's isolation; and references in this Part to premises, in relation to an isolation requirement, are to be read accordingly.

(6) Where paragraph (5) applies, P must notify the Secretary of State of the address of the alternative premises electronically as soon as is reasonably practicable using a facility provided by the Secretary of State for this purpose.

(7) An isolation requirement does not apply in relation to any period during which P is—

(a)removed to, directed to go to or directed to remain at a place by an immigration officer, constable or public health officer under Schedule 21 to the Coronavirus Act 2020 M1;

(b)detained at a place by virtue of a requirement imposed under the Immigration Acts.

(8) For the purposes of this regulation—

(a)“edible horticulture” (“garddwriaeth fwytadwy”) means growing—

(i)protected vegetables grown in glasshouse systems,

(ii)field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii)soft fruit grown outdoors or under cover,

(iv)trees that bear fruit,

(v)vines and bines, or

(vi)mushrooms;

[F26“elite athlete” (“athletwr elît”) has the same meaning as in [F27[F28paragraph 21(2)(a)] of Schedule 5]];

[F26“elite competition” (“cystadleuaeth elît”) has the same meaning as in [F29[F30paragraph 21(2)(b)] of Schedule 5]];

“health service” (“gwasanaeth iechyd”) means a service provided for or in connection with—

(i)

the prevention, diagnosis or treatment of illness, or

(ii)

the promotion or protection of public health;

M2“registered medical practitioner” (“ymarferydd meddygol cofrestredig”) means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act;

“specified activities” (“gweithgareddau penodedig”), in relation to edible horticulture, means—

(i)

crop maintenance,

(ii)

crop harvesting,

(iii)

tunnel construction and dismantling,

(iv)

irrigation installation and maintaining,

(v)

crop husbandry,

(vi)

packing and processing of crops on employers premises,

(vii)

preparing and dismantling growing areas and media,

(viii)

general primary production work in edible horticulture,

(ix)

activities relating to supervising teams of horticulture workers.

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

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 10 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M21983 c. 54. see section 55(1). The definition of “fully registered person” was amended by S.I. 2006/1914, S.I. 2007/3101 and S.I. 2008/1774

Requirement on persons with responsibility for childrenE+W

11.  Where a requirement is imposed under regulation 7, 8 or 10 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

I5Reg. 11 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Last day of isolationE+W

12.  For the purposes of regulations 7, 8 and 10, the last day of P's isolation is the last day of the period of [F3210 days beginning with the day after] the day on which P [F33was last in a non-exempt country or territory].

Textual Amendments

Commencement Information

I6Reg. 12 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Special rules applicable to persons travelling from DenmarkE+W

F3412A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special rules applicable to persons travelling from South AfricaE+W

F3512C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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