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

Isolation requirements: exceptions E+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 [F1 (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;

[F2 (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;

[F3 (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;

F4 (jc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (jd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (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;]

F6 (je) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (jf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (jg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

(i) a member of P's family;

(ii) a close friend;

[F7 (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.]

(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;

[F8 “elite athlete” (“athletwr elît”) has the same meaning as in [F9 [F10 paragraph 21(2)(a)] of Schedule 5]];

[F8 “elite competition” (“cystadleuaeth elît”) has the same meaning as in [F11 [F12 paragraph 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.

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

F13 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in reg. 10(3) substituted (10.7.2020) by The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2020 (S.I. 2020/714), regs. 1(2), 5(1)(a)(ii) (with reg. 7)

F2 Reg. 10(4)(ea) inserted (10.12.2020) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2020 (S.I. 2020/1477), regs. 1(2), 2(b)

F3 Reg. 10(4)(ja)-(jg) inserted (10.7.2020) by The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2020 (S.I. 2020/714), regs. 1(2), 5(1)(b) (with reg. 7)

F4 Reg. 10(4)(jc)(jd) omitted (18.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/50), regs. 1(2), 5

F5 Reg. 10(4)(jh)-(jj) inserted (26.9.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 12) Regulations 2020 (S.I. 2020/1042), regs. 1(2), 4(2)

F6 Reg. 10(4)(je)-(jg) omitted (22.8.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/886), regs. 1(2), 7(2)

F7 Reg. 10(4)(l)(m) inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/154), regs. 1(2), 15(2) (with reg. 21)

F8 Words in reg. 10(8) inserted (26.9.2020 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 12) Regulations 2020 (S.I. 2020/1042), regs. 1(2), 4(3)

F9 Words in reg. 10(8) substituted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/154), regs. 1(2), 19(2) (with reg. 21)

F10 Words in reg. 10(8) substituted (13.3.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/305), regs. 1(2), 6(5)(a)

F11 Words in reg. 10(8) substituted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/154), regs. 1(2), 19(3) (with reg. 21)

F12 Words in reg. 10(8) substituted (13.3.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/305), regs. 1(2), 6(5)(b)

F13 Reg. 10(8)(b)-(e) omitted (22.8.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/886), regs. 1(2), 7(3)

Commencement Information

I1 Reg. 10 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M1 2020 c. 7.

M2 1983 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