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

Changes over time for: The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (Schedules only)

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Version Superseded: 01/11/2021

Status:

Point in time view as at 31/10/2021.

Changes to legislation:

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Regulation 2(1)

SCHEDULE 1E+WPassenger information

1.  Personal details—E+W

(a)full name,

(b)sex,

(c)date of birth,

(d)passport number, or travel document reference number (as appropriate), issue and expiry dates and issuing authority,

(e)telephone number,

(f)home address,

(g)email address.

Commencement Information

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

2.  Journey details—E+W

(a)if applicable, the address of suitable premises in Wales at which P intends to reside as required by regulation 7(3),

(b)if applicable, the address of suitable premises in the United Kingdom at which P intends to reside as required by equivalent provision in Regulations made as respects England, Scotland or Northern Ireland,

(c)the date, or planned date, as appropriate of arrival at an address specified in sub-paragraph (a) or (b),

(d)the operator P is travelling, or travelled, with or through which P's booking was made,

F1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ea)coach number,]

(f)flight number [F3or vessel name],

F4(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the location at which P will arrive, or has arrived, in the United Kingdom,

(i)the country P is travelling, or travelled, from,

[F5(ia)any other country or territory P will be, or has been, in during the period of [F610] days ending with the date of P’s arrival, or planned arrival, in the United Kingdom,

(ib)where sub-paragraph (ia) applies, the dates on which P was or will be in the other country or territory,]

(j)the date and time, or planned date and time, as appropriate, of P's arrival in the United Kingdom,

(k)whether P is connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which P will depart from in the United Kingdom,

(ii)P's final destination country,

(iii)the operator P is travelling with or through which the booking was made for the onward journey,

F7(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the flight number [F8or vessel name for] of the onward journey.

[F9(vi)the coach number for their onward journey.]

Textual Amendments

Commencement Information

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

[F103.  Where [F11regulation 6AB] requires a day 2 test and a day 8 test to be arranged—E+W

(a)the name of the provider of the tests, and

(b)the reference number for the tests provided to them by the test provider in accordance with [F12regulation 6AB(6)].]

Textual Amendments

[F13[F143A.]  Where the passenger intends to take advantage of an exemption as a regulation 2A traveller, the fact that the passenger has been vaccinated or falls within one of the other categories of exemption within regulation 2A.]E+W

Textual Amendments

4.  Where P is travelling with a child for whom they have responsibility—E+W

(a)the full name and date of birth of that child,

(b)the relationship of the passenger to that child.

Commencement Information

I3Sch. 1 para. 4 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

F155.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Regulation 6A

[F16SCHEDULE 1AE+WTesting before arrival in Wales

Textual Amendments

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 [F17or age],

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

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

[F18(e)a statement—

(i)that the test was a polymerase chain reaction test, or

(ii)of the name of the device that was used for the test,]

F19(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the name of the test provider.

Textual Amendments

3.—(1) The persons referred to in regulation [F206A(4)(c)] (as not being required to comply with that regulation) are—E+W

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F22,

(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

[F24Regulation 6AB]

[F23SCHEDULE 1BE+WBooking information

Textual Amendments

Booking informationE+W

1.  Personal details—

(a)full name;

(b)sex;

(c)ethnicity;

(d)date of birth;

(e)passport number, or travel document reference number (as appropriate);

(f)NHS number (if known and applicable);

(g)telephone number;

(h)home address;

(i)email address.

2.  Journey details—

[F25(aa)P’s home address;

(ab)where P is a person to whom regulation 7(1) or 8(1) applies, the address at which they intend to isolate (if different from their home address);

(ac)where P is a person to whom regulation 7(1) or 8(1) does not apply, the address or addresses where they intend to stay during the period of 10 days beginning on the day after the date of their arrival in the United Kingdom;]

(b)the date of arrival in the United Kingdom;

(c)coach number;

(d)flight number of vessel name;

(e)the date on which P was last in a non-exempt country or territory;

(f)the country or territory P will be travelling from when P arrives in the United Kingdom, and any country or territory P will have been in as part of that journey.]

Textual Amendments

[F27Regulation 6AB]

[F26SCHEDULE 1CE+WMandatory testing after arrival in Wales

Textual Amendments

[F28Day 2 tests: general requirements]E+W

1.—[F29(1) A day 2 test complies with this paragraph where the test complies with sub-paragraph (2) and—

(a)it is a test provided by a public test provider, or

(b)it is a test provided by a private test provider where the private test provider complies with paragraph 1ZA.]

[F30(2)] A day 2 test complies with this [F31sub-paragraph] where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method,

(b)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity and a sensitivity greater than [F32or equal to] 99% ([F33or] a 95% two-sided confidence interval entirely above 97%),

(iii)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(iv)is suitable for identifying every variant of concern, and

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.

Textual Amendments

[F34Day 2 tests: private test provider requirementsE+W

1ZA.—(1) For the purposes of paragraph 1(1)(b), a private test provider complies with this paragraph where—

(a)they provide day 2 tests in a single end-to-end testing service (whether or not they arrange with another person (“X”) for X to provide one or more elements of the service on their behalf);

(b)a registered medical practitioner has oversight and approval of medical practices undertaken by the private test provider, and responsibility for reporting medical issues;

(c)they have an effective system of clinical governance in place which includes appropriate standard operating procedures in relation to the carrying out of day 2 tests;

(d)a registered clinical scientist has oversight of clinical practices undertaken by the private test provider, and responsibility for reporting clinical issues;

(e)they have systems in place to identify any adverse incidents or quality control issues in relation to day 2 tests and be able to report them as soon as reasonable practicable to the Welsh Ministers;

(f)if the private test provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;

(g)they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(h)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(i)the laboratory used by the private test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genome sequencing of samples;

(j)they receive the information required by regulation 6AB(5), and they administer or provide the test to P no later than the end of the second day after the day on which P arrived in Wales;

(k)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day—

(aa)the date of arrival into the United Kingdom of the person in respect of whom the test was sold;

(bb)whether the person in respect of who the test was sold is a arrival who has not within the period of 10 days ending with P’s arrival in Wales, been in a non-exempt country or territory, or not;

(cc)whether the person in respect of whom the test was sold is a regulation 2A traveller or not;

(dd)the test reference number given to P in accordance with regulation 6AB(6);

(l)they sequence each sample with a cycle threshold less than 30 (equivalent to 1,000 viral genome copies per millilitre);

[F35(la)where—

(i)a sample is to be sequenced in accordance with paragraph (l), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(m)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(n)on a request by the Welsh Ministers or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(o)they preserve and transport samples in a manner that enables genome sequencing;

(p)they have in place a process to remove human reads from any data submitted in a notification to Public Health Wales pursuant to the Health Protection (Notification) (Wales) Regulations 2010;

(q)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the private test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraphs (b) to (e) and (g) to (p) of this sub-paragraph;

(ii)paragraph 2C(2) to (4).

(2) For the purposes of sub-paragraph (1)(h) and (i), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of paragraph 2B, as if a reference to a test were a reference to a day 2 test.

(3) In this paragraph, “registered clinical scientist” means a person registered as a clinical scientist with the Health and Care Professions Council pursuant to article 5 of the Health Professions Order 2001.]

Textual Amendments

[F36Day 2 tests: general requirements for lateral flow device testsE+W

1ZB.—(1) A day 2 test complies with this paragraph where the test complies with sub-paragraph (2) and—

(a)it is a test provided by a public test provider; or

(b)it is a test provided by a private test provider where the private test provider complies with paragraph 1ZC.

(2) A test complies with this sub-paragraph where—

(a)it is a test for the detection of coronavirus which uses one or more of—

(i)mid-turbinate or anterior nares nasal swabbing;

(ii)tonsillar swabbing;

(iii)saliva;

(b)it is uniquely identifiable;

(c)it is provided in accordance with the test manufacturer’s instructions for use including, in particular, instructions as to the target use, target user and target use settings; and

(d)any device used for the purposes of the test can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations.

Textual Amendments

Day 2 tests: private test provider requirements for lateral flow device testsE+W

1ZC.—(1) A private test provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 1ZA(1)(a) to (e) and (h);

(b)they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing published at gov.uk/guidance/day-2-lateral-flow-tests-for-international-arrivals-minimum-standards-for-providers on 21 October 2021 and the Secretary of State has confirmed in writing that it considers the provider meets those standards;

(c)they continue to meet the minimum standards to which the declaration mentioned in paragraph (b) relates;

(d)they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(e)they receive the information required by regulation 6AB(5), and if they administer the test to P, they do so no later than the end of the second day after the day on which P arrived in Wales;

(f)they have in place a system in place to reject results from devices which have been previously used;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day—

(aa)the date of the arrival in the United Kingdom of the person in respect of whom the test was sold,

(bb)whether it is a polymerase chain reaction or lateral flow device, and

(cc)the test reference number given to P in accordance with regulation 6AB(6);

(iii)in relation to each test the purchase of which was cancelled on that day, the information set out in sub-paragraph (ii)(aa) to (cc);

(h)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 1ZA(1)(b) to (e) and (h) as applied by paragraph (a) of this sub-paragraph;

(ii)paragraph (c) to (g) of this sub-paragraph;

(iii)paragraph 2D(2) and (4).

(2) For the purposes of sub-paragraph (1)(h), “single end-to-end testing service” means a service which comprises any of the following elements where they are part of the service offered by the test provider—

(a)accepting the booking from the person to be tested;

(b)providing the test;

(c)collecting and processing the test once it has been undertaken;

(d)analysing the test;

(e)verifying the result of the test;

(f)providing notification of the test result.]

Textual Amendments

[F371A.  The circumstances mentioned in regulation 6AB(2)(a) are—E+W

(a)that P undertake the day 2 test no later than the end of the second day after the day on which P arrived in Wales, and

(b)in relation to a test described in regulation 6AB(2)(a)(ii)(bb) not administered by a test provider, that P provides the test provider with the following information within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use—

(i)photographic evidence clearly showing—

(aa)the test device in such a way that it is identifiable as having been provided by the test provider,

(bb)the test reference number given in accordance with regulation 6AB(6), and

(cc)the test result, and

(ii)the address at which P is able to receive a confirmatory test pursuant to regulation 6E(4).]

Textual Amendments

[F38[F39Day 8 tests: general requirements]E+W

2.—[F40(1) A day 8 test complies with this paragraph where the test complies with sub-paragraph (2) and—

(a)it is a test provided by a public test provider, or

(b)it is a test provided by a private test provider where the private test provider complies with paragraph 2ZA.]

[F41(2)] A day 8 test complies with this sub-paragraph where—

(a)it is a semi-quantitative test for the detection of coronavirus which—

(i)targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls,

(ii)includes routine in silico assurance against every variant of concern, and

(iii)produces a test solution that provides extracted nucleic acid that is suitable for whole genome sequencing using a specified method,

(b)the manufacturer of any device used for the purposes of the test states that the device—

(i)uses an established molecular detection method,

(ii)has a specificity greater than or equal to 97% (or a 95% two-sided confidence interval entirely above 95%),

(iii)has a sensitivity greater than or equal to 95% (or a 95% two-sided confidence interval entirely above 90%),

(iv)has a limit of detection of less than or equal to 1000 SARS-CoV-2 copies per millilitre, and

(v)is suitable for identifying every variant of concern, and

(c)any device used for the purposes of the test—

(i)can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations, and

(ii)has been validated no more than 18 months before the test is administered or provided to P.]

Textual Amendments

[F42Day 8 tests: private test provider requirementsE+W

2ZA.—(1) For the purposes of paragraph 1(1)(b), a private test provider complies with this paragraph where—

(a)they comply with the requirements of paragraph 1ZA(1)(a) to (e) as if any reference in those provisions to a day 2 test were a reference to a day 8 test;

(b)if the private test provider is a laboratory that conducts diagnostic test evaluation for testing in accordance with this Schedule, they have made a declaration to the Secretary of State that they meet the minimum standards for private sector-provided testing at https://support-covid-19-testing.dhsc.gov.uk/InternationalTesting;

(c)they have provided the Secretary of State with a list of all organisations that they work with (whether by sub-contract or otherwise) to carry out the testing service or to carry out genomic sequencing, indicating the nature of the service that each organisation is providing, and kept that list updated as appropriate;

(d)the person responsible for the taking of samples meets the relevant requirements for accreditation to ISO standard 15189 or ISO/IEC standard 17025 in respect of the taking of samples;

(e)the laboratory used by the private test provider for the processing of samples meets the relevant requirements for ISO standard 15189 or ISO/IEC standard 17025 in respect of the evaluation of the established molecular detection method and the genome sequencing of samples;

(f)they receive the information required by regulation 6AB(5), and they administer or provide the test to P no later than the end of the eighth day after the day on which P arrived in Wales;

(g)each day, they notify the Secretary of State in writing of—

(i)the number of tests they sold on that day, and

(ii)in relation to each test sold on that day—

(aa)the date of arrival into the United Kingdom of the person in respect of whom the test was sold;

(bb)whether the person in respect of whom the test was sold is a regulation 2A traveller or not;

(cc)the test reference number given to P in accordance with regulation 6AB(6);

(h)they sequence each sample with a cycle threshold less than 30 (equivalent to 1,000 viral genome copies per millilitre);

[F43(ha)where—

(i)a sample is to be sequenced in accordance with paragraph (h), and

(ii)the sequencing is to take place at a laboratory (“the sequencing laboratory”) other than the laboratory at which the sample was initially processed (“the diagnostic laboratory”),

they secure that the sample is received at the sequencing laboratory no later than 24 hours after the result of the initial processing becomes known to the diagnostic laboratory;]

(i)in respect of the sequencing of samples, they must secure a reference genome coverage breadth of at least 50% and at least 30 times coverage;

(j)on a request by the Welsh Ministers or the COVID-19 Genomics UK Consortium, they make samples available for the purpose of dual sequencing;

(k)they preserve and transport samples in a manner that enables genome sequencing;

(l)they have in place a process to remove human reads from any data submitted in a notification to Public Health Wales pursuant to the Health Protection (Notification) (Wales) Regulations 2010;

(m)if they arrange with another person (“X”) for X to carry out any element of the single end-to-end testing service on their behalf, the private test provider ensures that X complies with the following so far as relevant to the carrying out of that element—

(i)paragraph 1ZA(1)(b) to (e) as applied by sub-paragraph (1)(a);

(ii)sub-paragraph (1)(c) to (l);

(iii)paragraph 2C(2) to (4).

(2) For the purposes of sub-paragraph (1)(d) and (e), a person or laboratory (as the case may be) meets the relevant requirements for accreditation to a standard where the person who is the operator of the laboratory complies with the requirements of paragraph 2B, as if a reference to a test were a reference to a day 8 test.]

Textual Amendments

[F442A.  The circumstances mentioned in regulation 6AB(2)(b) are that P undertake the day 8 test no later than the end of the seventh day after the day on which P arrived in Wales.]E+W

Textual Amendments

[F45UKAS accreditationE+W

2B.—(1) Before providing a test, a private test provider must have been accredited by UKAS to the relevant ISO standard.

(2) If the private test provider arranges with another person (“X”) for X to carry out any element of the testing service on their behalf, the private test provider must—

(a)ensure that X complies with any provision of this paragraph that is relevant to the carrying out of that element, and

(b)subject to sub-paragraph (3), cease to provide tests under arrangement with X if X fails to comply with any such provision.

(3) Sub-paragraph (2)(b) does not apply to a test that was administered before the date that X failed to comply with this paragraph.

(4) In this paragraph—

“the relevant ISO standard” (“y safon ISO berthnasol”) means—

(a)

in the case of a test which requires laboratory processing, ISO standard 15189 or ISO/IEC standard 17025, and

(b)

in the case of a point of care test, ISO standard 15189 and ISO standard 22870, and for this purpose “point of care test” means a test processed outside a laboratory environment;

“UKAS” (“UKAS”) means the United Kingdom Accreditation Service, a company limited by guarantee and incorporated in England and Wales under number 3076190.

Textual Amendments

Notification of test resultsE+W

2C.—(1) This paragraph applies to a private test provider who administers or provides a test to P in the circumstances described in regulation 6AB and paragraphs 1 to 2A of this Schedule.

(2) The private test provider must, within 48 hours of the time when the sample taken for the purposes of the test is received by the diagnostic laboratory—

(a)notify P and, where applicable, any person who arranges the test on P’s behalf, by email, letter or text message, the result of P’s test, or

(b)make P’s test result available to P and, where applicable, any person who arranges the test on P’s behalf, via a secure web portal,

in accordance with sub-paragraph (3).

(3) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the private test provider and P’s test reference number, and must be conveyed so as to inform P whether the test was negative, positive, or inconclusive.]

Textual Amendments

[F46Notification of test results: lateral flow device testsE+W

2D.—(1) This paragraph applies to a private test provider who administers or provides a test within the meaning of regulation 6AB(2)(a)(ii)(bb) to P in the circumstances described in paragraph 1A.

(2) The private test provider must, within 24 hours of the relevant event—

(a)notify P and, where applicable, any person who arranges the test on P’s behalf, by email, letter or text message, the result of P’s test, or

(b)make P’s test result available to P and, where applicable, any person who arranges the test on P’s behalf, via a secure web portal,

in accordance with sub-paragraph (4).

(3) In paragraph (2), “relevant event” means—

(a)where the test provider administered the test, the time at which the test provider determined the results of the test;

(b)where the test provider did not administer the test, the time at which the test provider received the information required to be provided by paragraph 1A(b).

(4) The notification of P’s test result must include P’s name, date of birth, passport number, or travel document reference number (as appropriate), the name and contact details of the test provider and P’s test reference number, and must be conveyed so as to inform P whether the test was negative, positive, or inconclusive.]

Textual Amendments

InterpretationE+W

3.  In this Schedule—

(a)“specified method” means a targeted sequence method specific to SARS-CoV-2 or an equivalent—

(i)amplicon method, or

(ii)sequence bait capture method;

(b)“validated”, in relation to a device, means confirmed as having a sensitivity of at least 97% and a specificity of at least 99% for at least 150 positive samples and 250 negative samples, by—

(i)the Welsh Ministers,

(ii)the National Institute for Health and Care Excellence, or

(iii)a laboratory which is accredited by the United Kingdom Accreditation Service (“UKAS”) to ISO standard 15189 or ISO/IEC standard 17025, other than a laboratory which processes tests provided by the test provider for the purposes of this Schedule or is owned by the test provider;

(c)“variant of concern” means a variant of SARS-CoV-2 identified in a designation made by the relevant expert UK Group (currently NERVTAG) for the purposes of these Regulations and published in a way that the Welsh Ministers consider to be appropriate.

[F47(d)“single end-to-end testing service” [F48, except in paragraph 1ZC(1)(h),] means a service which comprises accepting the booking from the person to be tested, collecting and processing the sample to be tested, carrying out genomic sequencing and providing the test result to P.]]

Textual Amendments

Regulation 6K

[F49SCHEDULE 1DE+WWorkforce tests

Textual Amendments

Interpretation of Schedule 1DE+W

1.  In this Schedule—

“P” means a person required to undertake workforce tests under regulation 6K (workforce testing);

“workforce test” means any of the categories of workforce test described in regulation 6K(6).

Requirement after failure to undertake testE+W

2.—(1) Sub-paragraph (2) applies where P fails to undertake a workforce test that P is required by regulation 6K to undertake.

(2) Where this sub-paragraph applies, P must isolate at a suitable premises until the earlier of—

(a)the end of the 14th day after the day on which they arrived in Wales; or

(b)the time P obtains a negative result from a workforce test.

(3) P must comply with any applicable obligations in regulation 6K(2) during any period that P is required to isolate in accordance with sub-paragraph (2).

(4) Where P is required to isolate in accordance with sub-paragraph (2), regulation 10(4) applies.

Consequences of test resultsE+W

3.—(1) Where a workforce test undertaken by P in accordance with regulation 6K generates a positive result—

(a)P must as soon as reasonably practicable undertake a further test which complies with the requirements for a day 2 test specified in paragraph 1 of Schedule 1C;

(b)P must isolate at a suitable premises until the end of the 10th day after the day P undertook the test.

(2) Where P is required to isolate in accordance with sub-paragraph (1)(b), regulation 10(4) applies.

(3) Where a workforce test undertaken by P in accordance with regulation 6K generates a positive result—

(a)if that test was a workforce test undertaken for day 2, P is not required to undertake a workforce test for day 5 or day 8;

(b)if that test was a workforce test undertaken for day 5, P is not required to undertake a workforce test for day 8.

(4) Where a further test undertaken in accordance with sub-paragraph (1)(a) generates a negative result, this paragraph applies to P from the time P is notified of that negative result as if the workforce test undertaken by P in accordance with regulation 6K had generated a negative result (and accordingly, from that time, P is no longer required to isolate).

(5) Where a workforce test undertaken by P in accordance with regulation 6K generates an inconclusive result, P must as soon as reasonably practicable undertake a further workforce test and that further workforce test is to be treated as a replacement workforce test within the meaning of regulation 6K(4) (requirement to undertake workforce tests).

Duties on employersE+W

4.—(1) An employer with more than 50 employees who is the employer of any person who is required to undertake workforce tests or has responsibility for any agency worker who is required to undertake workforce tests, must take reasonable steps to facilitate the taking of those tests by that person or agency worker in accordance with these Regulations.

(2) In the discharge of the duty under sub-paragraph (1), an employer must have regard to any guidance issued by the Welsh Ministers for the purposes of this paragraph.

(3) In paragraph (1) an employer has responsibility for an agency worker if—

(a)the agency worker is supplied or to be supplied by a person (an “agent”) to the employer under a contract or other arrangements made between the agent and the employer; and

(b)the agency worker is not—

(i)a worker because of the absence of a worker’s contract between the agency worker and the agent or the employer, or

(ii)a party to a contract under which the agency worker undertakes to do the work for another party to a contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker.]

Regulation 6L

[F50SCHEDULE 1EE+WSpecified testing events

Textual Amendments

European Tour – Cazoo Open]

[F51R & A – The Curtis Cup]

Textual Amendments

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

SCHEDULE 2E+W[F52Exempt persons]

Textual Amendments

PART 1E+WPersons not required to comply with regulation [F534, 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 [F54in 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 [F559(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 [F56the 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 [F57the 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

I4Sch. 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 [F5810] 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

I5Sch. 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, F59...

[F60(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 [F61or by, or in support of, a visiting force] for a continuous period of at least [F6210] days and that vessel has not taken on any persons or docked in any port [F63in 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,

[F64(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

I6Sch. 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 [F6510] 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

I7Sch. 2 para. 4 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

[F665.  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 [F677 or 8]

Textual Amendments

F685.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

6.—(1) A road haulage worker F69... .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,

F70(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M6, and who is acting in the course of their employment.

F71(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8Sch. 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.

M6OJ No. L 300, 14.11.2009, p. 72.

[F726A.—(1) A road passenger transport worker.E+W

(2) For the purposes of this paragraph—

(a)“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, and who is acting in the course of their employment;

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

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

Textual Amendments

7.—(1) Masters and seamen, as defined in section 313(1) of the Merchant Shipping Act 1995 M7, 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) F73... —

(a)“the Maritime Labour Convention 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation M8,

(b)“the Work in Fishing Convention 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation M9.

Textual Amendments

Commencement Information

I9Sch. 2 para. 7 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M71995 c. 21. There are amendments to section 313(1) but none is relevant.

M8Cm. 7049. ISBN 978 010 1889 766.

M9Cm 7375.

8.  A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995 M10, 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 F74....E+W

Textual Amendments

Commencement Information

I10Sch. 2 para. 8 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M10Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 (c. 16).

[F759.  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

I11Sch. 2 para. 9 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

[F7610.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.E+W

(2) For the purposes of this paragraph—

(a)“member of aircraft crew” means a person who—

(i)acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii)is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016, or

(iii)is carried on the 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 passengers or of the aircraft;

(b)travel for work purposes includes, in particular—

(i)where the member of aircraft crew resides outside the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii)travelling to attend work-related training in the United Kingdom,

(iii)returning to the United Kingdom following work-related training outside the United Kingdom.]

Textual Amendments

11.  A civil aviation inspector as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944 M11, where the inspector has travelled to the United Kingdom when engaged on inspection duties.E+W

Commencement Information

I12Sch. 2 para. 11 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M11The 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).

F7712.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F7813.—(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 [F79the 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

[F8013A.—(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 M12.E+W

Commencement Information

I13Sch. 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 M13 or sought for extradition pursuant to any other extradition arrangements.E+W

Commencement Information

I14Sch. 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

I15Sch. 2 para. 16 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

F8117.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8117A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8117B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8119.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8120.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8122.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8123.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8124.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8125.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8127.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8128.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8229.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8130.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8131.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8132.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8133.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8134.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8135.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

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,

[F83where that activity cannot reasonably be undertaken at home.]

Textual Amendments

Commencement Information

I16Sch. 2 para. 36 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

F8437.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8538.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8639.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Regulation 9(1)

F87SCHEDULE 3E+WExempt countries and territories outside the common travel area

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulations 12E and 12F

[F88SCHEDULE 3AE+WCountries and territories subject to additional measures

Textual Amendments

Textual Amendments

Regulation 10(4)

[F95SCHEDULE 4E+WSpecified sporting events

Textual Amendments

  • [F96Betfred Super League Rugby Football League Fixtures,

  • England & Wales Cricket Board International Cricket Fixtures,

  • European Professional Club Rugby Fixtures,

  • FIH Pro League Hockey Fixtures,

  • Football Association International Fixtures,

  • Guinness PRO14 Rugby Football Union Fixtures,

  • Matchroom – Boxing Championship Matches,

  • Olympic, Paralympic and Commonwealth Games Qualification Events,

  • Professional Darts Corporation – Players Championship,

  • Rugby Football Union International Fixtures,

  • Rugby League Challenge Cup,

  • UEFA Champions League and UEFA Europa League Fixtures,

  • F97...

  • Cage Warriors Trilogy Series,

  • England & Wales Cricket Board – T20 Blast,

  • England & Wales Cricket Board – The Rachael Heyhoe Flint Trophy,

  • Matchroom – Championship League Snooker Tournament,

  • International Championship Boxing – Queensberry Promotions,

  • Motorsport UK – British Kart Championships,

  • International Boxing Championship Matches – MTK Promotions,

  • Yonex All England Open Badminton Championships,

  • GB Taekwondo Fight Night I – International Taekwondo, Para Taekwondo and Karate Event,

  • GB Taekwondo Fight Night II – International Taekwondo, Para Taekwondo and Karate Event,

  • Curling Euro Super Series,

  • Matchroom – World Pool Championship,

  • Hennessy Sports – International Boxing Championship Matches,

  • F97...

  • British Swimming International Meet,

  • Motorsport UK – British Rallycross Championship and Support Championship,

  • F97...

  • Professional Darts Corporation - Unibet Premier League,

  • F97...

  • F97...

  • F97...

  • F97...

  • Betfair Hurdle Day horse-racing,

  • Billie Jean King Cup Play-offs by BNP Paribas - Great Britain v Mexico,

  • F97...

  • F97...

  • GB Taekwondo Olympic and Paralympic Test Matches,

  • F97...

  • Imperial Cup meeting horse-racing,

  • Lincoln Handicap meeting horse-racing,

  • Matchroom - Championship League Pool,

  • F97...

  • F97...

  • Midlands National meeting horse-racing,

  • Modern Pentathlon Test Event,

  • Para Powerlifting World Cup,

  • Professional Darts Corporation - Challenge Tour,

  • Professional Darts Corporation - Development Tour,

  • Professional Darts Corporation - UK Open,

  • Rugby League Betfred Championship,

  • The Festival at Cheltenham horse-racing,

  • Wheelchair Rugby Quad Nations,

  • Women’s Invitational International Football Tournament (hosted by the FA),

  • World Snooker Tour - Pro Tour Series,

  • World Snooker Tour - Gibraltar Open,

  • World Snooker Tour - Tour Championship,

  • F97...

  • International Boxing - Dennis Hobson Promotions,

  • Super League Triathlon Arena Games London,

  • British Showjumping’s Winter Classic series qualifiers,

  • British Dressage - Keysoe International,

  • British Eventing Elite Pathway Events,

  • Manchester Squash Open 2021,

  • Boxing Road to Tokyo,

  • Track Cycling Nations Cup,

  • Cage Warriors 120,

  • Vitality Big Half,

  • World Snooker Tour - Betfred World Championship (including qualifiers),

  • Matchroom - World Pool Masters,

  • All-Weather Finals Day horse-racing,

  • Challenger Series Finals Day horse-racing,

  • Aintree Grand National Meeting horse-racing,

  • Craven Meeting horse-racing,

  • Cheltenham April Meeting horse-racing,

  • Scottish National Meeting horse-racing,

  • Greenham Meeting horse-racing,

  • Classic Trial Day & Jumps Finale Day horse-racing,

  • Burnham Market International.]

  • [F98British Athletics – 20km Race Walk Olympic Trial,

  • British Wrestling – Home Nations Invitational Tournament,

  • LTA Loughborough Indoor Wheelchair Tennis Tournament,

  • FIA World Endurance Championship Prologue and Round 1 Silverstone,

  • British Para Athletics Sprint Meet,

  • Motorsport UK – HSCC Formula 2 Championship Masters Historic Race Weekend,

  • Motorsport UK – British Superkart Championship and Support Series,

  • Motorsport UK – British Truck Racing Championship,

  • British Equestrian – International Dressage Events,

  • British Para Swimming International Meet,

  • Cage Warriors 121,

  • Badminton Horse Trials,

  • European Tour – Betfred British Masters,

  • Motorsport UK – GT World Challenge Europe Sprint Cup and Support Series,

  • Motorsport UK – Donington Historic Festival,

  • Motorsport UK – British Touring Car Championship and Support Series,

  • Motorsport UK – Ferrari Challenge UK and Support,

  • Motorsport UK – British GT Championship and Support Series / Porsche Sprint Challenge GB and Support Series,

  • Motorsport UK – Masters Historic F1 / Sports Cars and Support Series,

  • Motorsport UK – FIA Main Event 2021 and Support Series,

  • England Hockey Pro League,

  • FIM Speedway Grand Prix World Championship – Qualifying Round,

  • Royal Windsor Horse Show,

  • Bolesworth International Horse Show,

  • British Speedway Premiership, Championship and National Development Leagues,

  • The 2020 UEFA European Football Championship.]

  • [F99European Tour – Cazoo Open,

  • R & A – The Curtis Cup,

  • Red Bull Hardline,

  • The Tour of Britain]

  • [F100The Champions Hockey League competition

  • FIH World Cup qualifiers for Men (European group)]

  • [F101Target Shooting: The Welsh Open Airgun Championships

  • Badminton: VICTOR Welsh International Badminton Championships

  • Gymnastics: Northern European Championships]]

Textual Amendments

Regulation 10(4)(m)

[F102SCHEDULE 5E+WSectoral Exceptions

Textual Amendments

1.—(1) A worker engaged in essential or emergency works—E+W

(a)related to water supplies and sewerage services, and

(b)carried out by, for, or on behalf of a water undertaker, sewerage undertaker, water supply licensee, sewerage licensee or local authority,

where the worker has travelled to the United Kingdom in the course of the work.

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

(a)“essential or emergency works” includes—

(i)inspections, maintenance, repairs, and asset replacement activities;

(ii)monitoring, sampling and analysis of water supplies under the Private Water Supplies (Wales) Regulations 2017, the Water Supply (Water Quality) Regulations 2018, the Private Water Supplies (England) Regulations 2016 or the Water Supply (Water Quality) Regulations 2016;

(b)“sewerage licensee” means a person who is the holder of a sewerage licence under section 17BA of the Water Industry Act 1991;

(c)“sewerage services” has the meaning given in section 219(1) of the Water Industry Act 1991;

(d)“sewerage undertaker” means a company appointed as a sewerage undertaker under section 6 of the Water Industry Act 1991;

(e)“water supply licensee” has the meaning given in sections 17A(7) and 219(1) of the Water Industry Act 1991;

(f)“water undertaker” means a company appointed as a water undertaker under section 6 of the Water Industry Act 1991.

2.—(1) A worker engaged in essential or emergency works relating to flood and coastal erosion risk management on behalf of—E+W

(a)the Environment Agency;

(b)Natural Resources Wales;

(c)a lead local flood authority in Wales;

(d)a lead local flood authority in England.

(2) In sub-paragraph (1), “flood and coastal erosion risk management” and “lead local flood authority” have the meaning given by the Flood and Water Management Act 2010.

3.  A worker engaged in essential or emergency works relating to current or former mining operations on behalf of—E+W

(a)the Coal Authority;

(b)a council for a county or county borough in Wales;

(c)Natural Resources Wales.

4.—(1) A worker engaged in essential or emergency works—E+W

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)automated ballast cleaning and track relaying systems on a network, or

(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)carried out by, for, or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under sections 7 and 7ZA of the Gas Act 1986,

(v)a LNG import or export facility as defined in section 48 of the Gas Act 1986, or

(vi)a person holding a network licence under section 8 of the Railways Act 1993,

where the worker has travelled to the United Kingdom for the purposes of the work.

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

(a)“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989;

(b)“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities;

(c)“national system operator” means the person operating the national transmission system for Great Britain;

(d)“network” has the meaning given in section 83(1) of the Railways Act 1993;

(e)“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989;

(f)“electricity interconnector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the Electricity Act 1989.

5.—(1) A person who is—E+W

(a)nuclear personnel, and who is essential to the safe and secure operation of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder, or

(c)an agency inspector,

where the person travelled to the United Kingdom in the course of the person’s work.

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

(a)“agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000;

(b)“nuclear emergency responder” means a person providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986, who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention;

(c)“nuclear personnel” means—

(i)a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted, or

(ii)an employee of the Nuclear Decommissioning Authority;

(d)“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965.

6.  An inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996, who has travelled to the United Kingdom for the purposes of an inspection.E+W

7.—(1) A person who is—E+W

(a)carrying out a critical function at a space site,

(b)a spacecraft controller responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(c)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities,

where the person has travelled to the United Kingdom in the course of the work.

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

(a)“space site” has the meaning given in paragraph 5(3) of Schedule 4 to the Space Industry Act 2018;

(b)“space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit;

(c)“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018;

(d)“spacecraft controller” means a person competent, authorised and responsible for maintaining the safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

8.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where the engineer or worker has travelled to the United Kingdom in the course of their work.E+W

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

(a)“specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft);

(b)“specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency.

9.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where—E+W

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility,

where the person has travelled to the United Kingdom in the course of the person’s work.

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

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil;

(b)“specified activities” are—

(i)storing oil;

(ii)handling oil;

(iii)the carriage of oil by sea or inland water;

(iv)conveying oil by pipes;

(v)refining or otherwise processing oil.

10.—(1) A worker required to undertake or commence within the period during which they would, but for this paragraph, have been subject to an isolation requirement (within the meaning of regulation 10(2) of these Regulations)—E+W

(a)activities on or in relation to an offshore installation,

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on an offshore installation or well that is being decommissioned or preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in paragraphs (a) to (c),

where they have travelled to the United Kingdom in the course of their work.

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

(a)“offshore installation” has the meaning given in section 44 of the Petroleum Act 1998;

(b)“upstream petroleum infrastructure” has the meaning given in section 9H of the Petroleum Act 1998;

(c)“well” has the meaning given in section 45A(10) of the Petroleum Act 1998.

11.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011, where the operator has travelled to the United Kingdom in the course of their work.E+W

12.  A worker with specialist technical skills, where those specialist technical skills are required for essential or 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, where the worker has travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.E+W

13.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works (including construction, commissioning, installation, maintenance, repairs and safety checks) or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where the worker has travelled to the United Kingdom in the course of their work.E+W

14.—(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of a health service by a provider of health services.E+W

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

(a)“blood” includes blood components;

(b)“health service” has the meaning given by regulation 10(8).

15.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.E+W

16.—(1) A person who—E+W

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations of a clinical trial, or carries out the functions or duties of such a sponsor, and has travelled to the United Kingdom to undertake activities in relation to the clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

17.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.E+W

18.—(1) A person who is—E+W

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, or

(c)“an appropriately qualified person responsible for pharmacovigilance” within the meaning of regulation 182(2)(a) of those Regulations,

where the person has travelled to the United Kingdom in order to undertake activities in relation to their role as such a person.

19.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—E+W

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities, and

(b)an information technology or telecommunications professional (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information system” has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018.

20.  A person who is engaged in urgent or essential work—E+W

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003, or

(ii)the BBC’s broadcasting transmission network and services,

(b)in supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services,

where the person has travelled to the United Kingdom in the course of their work.

21.—(1) A person habitually resident in the United Kingdom who—E+W

(a)is an elite athlete who participated in an overseas elite competition,

(b)provided coaching or other support to an elite athlete at an overseas elite competition,

(c)officiated at, or was involved in running, an overseas elite competition,

(d)is an elite athlete who attended an overseas training programme for the purpose of training or preparing for participation in an elite competition,

(e)provided coaching or other support to an elite athlete at an overseas training programme for the purpose of training or preparing that elite athlete for participation in an elite competition,

where the person has travelled to the United Kingdom to return from the overseas elite competition or the overseas training programme.

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

(a)“elite athlete” means a person—

(i)who derives a living from competing in a sport,

(ii)who is designated as such for the purposes of these Regulations by the Sports Council for Wales,

(iii)who is designated as such for the purposes of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (despite the revocation of those Regulations), or

(iv)not falling within sub-paragraph (i), (ii) or (iii) who participates in the UEFA Champions’ league or UEFA Europa league;

(b)“elite competition” means a sporting competition at which any of the participants compete—

(i)to derive a living, or

(ii)to qualify for, or as part of a selection process for, the Olympics, Paralympics or Commonwealth Games;

(c)“overseas elite competition” means an elite competition taking place outside the United Kingdom; and a person is to be treated as having returned from such a competition if the person has within the period of 10 days ending with the person’s last day of isolation, been in a non-exempt country or territory for the purposes of such a competition.

22.  A person—E+W

(a)who is engaged in the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

(b)whose role directly supports the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

where they have travelled to the United Kingdom in the course of their work.]

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