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

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Regulations 3(2), 7(4)(b) and 9

SCHEDULE 2E+W[F1Exempt persons]

Textual Amendments

PART 1E+WPersons not required to comply with regulation [F24, 5, 7 or 8]

Textual Amendments

1.—(1) A person (“P”) who is—E+W

(a)a member of a diplomatic mission in the United Kingdom;

(b)a member of a consular post in the United Kingdom;

(c)an officer or servant of an international organisation;

(d)employed by an international organisation as an expert or on a mission;

(e)a representative to an international organisation;

(f)a representative at an international or United Kingdom conference [F3in the United Kingdom] who is granted privileges and immunities in the United Kingdom;

(g)a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f);

(h)described in paragraph (a) or (b) who is passing through the United Kingdom commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality;

(i)a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom;

(j)a representative of the government of a British overseas territory;

(k)a diplomatic courier or a consular courier;

(l)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k).

(2) The conditions referred to in regulation [F49(2)(a)] (persons exempt from regulation 7 or 8) are that—

(a)the relevant head of the mission, consular post, international organisation, or conference, 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 [F5the Foreign, Commonwealth and Development Office] that—

(i)P is required to undertake work which is essential to the functioning of the mission, consular post, international organisation, conference, or office, or 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)that work cannot be undertaken whilst P is complying with regulation 7 or 8, and

(b)prior to P's arrival in the United Kingdom [F6the Foreign, Commonwealth and Development Office]—

(i)has confirmed in writing to the person giving the confirmation referred to in paragraph (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in paragraph (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulation 7 or 8.

(3) For the purposes of this paragraph—

(a)“consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

(b)“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

(c)“diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

(d)“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

(e)“member of a consular post” means a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to the Consular Relations Act 1968 M1, and head of consular post” has the meaning given in that Schedule,

(f)“member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 1964 M2.

(4) This paragraph is without prejudice to any immunity from jurisdiction or inviolability which is accorded to any person described in sub-paragraph (1) under the law of England and Wales apart from these Regulations.

Textual Amendments

Commencement Information

I1Sch. 2 para. 1 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M11968 c. 18. There are amendments but none is relevant.

M21964 c. 81. There are amendments but none is relevant.

2.—(1) A Crown servant or government contractor—E+W

(a)who is required to undertake essential government work related to the United Kingdom border in the United Kingdom within [F710] days of arriving in the United Kingdom, or

(b)who is undertaking essential government work related to the United Kingdom border outside the United Kingdom but—

(i)is required to return to the United Kingdom temporarily, and

(ii)will subsequently depart to undertake essential government work related to the United Kingdom border outside the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

(a)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M3;

(b)“essential government work” means work which has been designated as such by the relevant Department or employer;

(c)“government contractor” has the meaning given in section 12(2) of that Act.

Textual Amendments

Commencement Information

I2Sch. 2 para. 2 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M31989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

3.—(1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who—E+W

(a)is required to undertake work necessary to the delivery of essential defence activities, F8...

[F9(aa)has travelled from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or]

(b)has, immediately before the person's arrival, been aboard a vessel operated by or in support of Her Majesty's Naval Service [F10or by, or in support of, a visiting force] for a continuous period of at least [F1110] days and that vessel has not taken on any persons or docked in any port [F12in a non-exempt country or territory] during that period.

(2) For the purposes of sub-paragraph (1)—

(a)“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989 M4,

[F13(b)“visiting forces” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty’s Government in the United Kingdom.]

Textual Amendments

Commencement Information

I3Sch. 2 para. 3 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

4.  An official of a foreign Government required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—E+W

(a)the official or contractor is in possession of a written notice signed by a senior member of the foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom within [F1410] days of arrival and that that work cannot be undertaken whilst the person is complying with regulation 7 or 8, or

(b)the official's or contractor's deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of border controls within the United Kingdom.

Textual Amendments

Commencement Information

I4Sch. 2 para. 4 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

[F155.  A person who, on arrival in the United Kingdom, passes through to another country or territory without entering the United Kingdom.]E+W

Textual Amendments

PART 2E+WPersons not required to comply with regulation [F167 or 8]

Textual Amendments

F175.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

6.—(1) A road haulage worker or a road passenger transport worker.E+W

(2) For the purposes of this paragraph—

(a)“driver” includes a person who is travelling in a vehicle as a relief driver,

(b)“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M5,

(c)“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981 M6,

(d)“road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M7, and who is acting in the course of their employment,

(e)“road passenger transport worker” means—

(i)the driver of a public service vehicle, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council M8, and who is acting in the course of their employment.

Commencement Information

I5Sch. 2 para. 6 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M51988 c. 52. There are amendments to section 192 but none is relevant.

M61981 c. 14. Section 1 was amended by section 139(3) of the Transport Act 1985 (c. 67).

M7OJ No. L 300, 14.11.2009, p. 72.

M8OJ No. L 300, 14.11.2009, p. 88.

7.—(1) Masters and seamen, as defined in section 313(1) of the Merchant Shipping Act 1995 M9, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention 2006 or the Work in Fishing Convention 2007.E+W

(2) For the purposes of sub-paragraph (1) F18... —

(a)“the Maritime Labour Convention 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation M10,

(b)“the Work in Fishing Convention 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation M11.

Textual Amendments

Commencement Information

I6Sch. 2 para. 7 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M91995 c. 21. There are amendments to section 313(1) but none is relevant.

M10Cm. 7049. ISBN 978 010 1889 766.

M11Cm 7375.

8.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 M12, where the pilot has travelled to the United Kingdom in the course of the pilot's work or has been repatriated to the United Kingdom F19....E+W

Textual Amendments

Commencement Information

I7Sch. 2 para. 8 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M12Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

[F209.  An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 or by a government of a relevant British possession as defined in section 313(1) of that Act, where they have travelled to the United Kingdom in the course of their work.]E+W

Textual Amendments

Commencement Information

I8Sch. 2 para. 9 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

10.  A person falling within the definition of crew, in paragraph 1 of Schedule 1 to the Air Navigation Order 2016 M13, where the person has travelled to the United Kingdom in the course of their work.E+W

Commencement Information

I9Sch. 2 para. 10 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M13S.I. 2016/765. There are amendments to Schedule 1 but none is relevant.

11.  A civil aviation inspector as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944 M14, where the inspector has travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I10Sch. 2 para. 11 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M14The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23 February 2018 (ISBN 978-92-9258-301-9).

F2112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F2213.—(1) Any person who the relevant Department has certified as meeting the descriptions in sub-paragraph (a), (b) or (c)—E+W

(a)a crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which they would, but for this paragraph, have had to self-isolate in accordance with regulations 7 or 8;

(b)a person returning from undertaking essential state business outside of the United Kingdom;

(c)a person returning to the United Kingdom where this is necessary to facilitate the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty.

(2) For the purposes of subparagraph (1)—

(a)“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

(b)“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

(c)“essential government work” means work which has been designated as such by [F23the Welsh Ministers or] the relevant Department, and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, and work related to immigration, the coronavirus disease or any other crisis response, but does not include work of the description in paragraph 2(1) of Part 1 of this Schedule,

(d)“essential policing” means activity which has been designated as such on behalf of the relevant chief officer or chief constable,

(e)“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government,

(f)“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.]

Textual Amendments

[F2413A.—(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department as necessary to facilitate essential government work or essential state business.E+W

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 13.]

Textual Amendments

14.  A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984 M15.E+W

Commencement Information

I11Sch. 2 para. 14 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

15.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M16 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I12Sch. 2 para. 15 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

16.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.E+W

Commencement Information

I13Sch. 2 para. 16 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

F2517.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2527.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2528.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2629.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2535.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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36.  A person—E+W

(a)pursuing an activity as an employed or self-employed person in the United Kingdom and who resides in another country to which they usually return at least once a week, or

(b)residing in the United Kingdom and who pursues an activity as an employed or self-employed person in another country to which they usually go at least once a week,

[F27where that activity cannot reasonably be undertaken at home.]

Textual Amendments

Commencement Information

I14Sch. 2 para. 36 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

F2837.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2938.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F3039.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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