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

Regulation 6A

[F1 SCHEDULE 1A E+W Testing before arrival in Wales

Textual Amendments

F1 Sch. 1A inserted (18.1.2021) by The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021 (S.I. 2021/48), regs. 1(2), 3(6) (with reg. 11)

1.   A test complies with this paragraph if— E+W

(a) it is a test for the detection of coronavirus, which is—

(i) a polymerase chain reaction test, or

(ii) undertaken using a device which the manufacturer states has—

(aa) a sensitivity of at least 80%,

(bb) a specificity of at least 97%, and

(cc) a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b) it is not a test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(c) the test sample is taken from the person no more than 72 hours before—

(i) in the case of that person travelling to Wales on a commercial transport service, the service’s scheduled time of departure, or

(ii) in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to Wales.

2.   Notification of a negative test result must include, in English, French, or Spanish, the following information— E+W

(a) the name of the person from whom the sample was taken,

(b) that person’s date of birth,

(c) the (negative) result of the test,

(d) the date the test sample was collected or received by the test provider,

(e) a statement that the test was—

(i) a polymerase chain reaction test, or

(ii) undertaken using a device which has a sensitivity of at least 80%, a specificity of at least 97%, and a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(f) the name of the manufacturer of the test device that was used,

(g) the name of the test provider.

3.— (1) The persons referred to in regulation 6A(4)(a) (as not being required to comply with that regulation) are— E+W

(a) a person described in paragraph 8 of Schedule 2, even if their travel to the United Kingdom in the course of their work or repatriation to the United Kingdom is not in accordance with either of the conventions referred to in that paragraph,

(b) a person described in—

(i) paragraph 13(1)(b) of Schedule 2 where, prior to the person’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 6A, or

(ii) paragraph 13A of Schedule 2 where, prior to person’s departure to the United Kingdom, the relevant Department has also certified that they are not required to comply with regulation 6A,

(c) a Crown servant or government contractor (“C”) who is required to undertake essential government work or essential policing in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department has certified that they meet this description and are not required to comply with regulation 6A,

(d) a representative (“R”) of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i) the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign Commonwealth and Development Office that R is required to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii) the Foreign Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-paragraph (i) that—

(aa) it has received that confirmation, and

(bb) R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 6A,

(e) a worker with specialist technical skills, where those specialist technical skills are required for emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods or services, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work [F2 ,

(f) a member of aircraft crew carried on a flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft, in the interests of the safety of the aircraft, where they have travelled to the United Kingdom in the course of their work.]

(2) In sub-paragraph (1)—

“consular post” (“swyddfa gonsylaidd”) has the meaning given in paragraph 1(3) of Schedule 2;

“Crown servant” (“gwas i’r Goron”), “essential government work” (“gwaith llywodraeth hanfodol”), “essential policing” (“plismona hanfodol”) and “government contractor” (“contractwr llywodraeth”) have the meanings given in paragraph 13(2) of Schedule 2. ]

Textual Amendments

F2 Sch. 1A para. 3(1)(f) inserted (23.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/72), regs. 1(2), 3(3)