2020 No. 595 (W. 136)

Public Health, Wales

The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020

Made

Laid before Senedd Cymru

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 M1.

Annotations:
Marginal Citations
M1

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

PART 1General

Title and coming into forceI11

1

The title of these Regulations is the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020.

2

Regulations 2 to 9 come into force on 17 June 2020.

3

This regulation and regulations 10 and 11 come into force when these Regulations are made.

Annotations:
Commencement Information
I1

Reg. 1 in force at made date at 5.38 p.m., see reg. 1(1)

InterpretationI42

In these Regulations—

  • “authorised person” (“person awdurdodedig”) means—

    1. a

      in relation to passengers arriving F25... on a vessel, the Secretary of State;

    2. b

      in relation to passengers arriving F25... on an aircraft, the Civil Aviation Authority M2;

  • “common travel area” (“ardal deithio gyffredin”) has the meaning given in section 1(3) of the Immigration Act 1971 M3;

  • “coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

  • “international passenger service” (“gwasanaeth teithwyr rhyngwladol”) means a commercial service by which passengers travel on a vessel or aircraft from outside the common travel area to a port in Wales;

  • F11“the International Travel Regulations” (“y Rheoliadau Teithio Rhyngwladol”) means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020;

  • F26...

  • “port”(“porthladd”) includes any airport, heliport or seaport;

  • F4“requirement to isolate” (“gofyniad i ynysu”) means the requirement to isolate in accordance with F12regulation 7 of the International Travel Regulations;

  • F4“requirement to provide information” (“gofyniad i ddarparu gwybodaeth”) means the requirement to provide information in accordance with F13regulation 4 of the International Travel Regulations;

  • “vessel” (“llestr”) means every description of vessel used in navigation (including a hovercraft within the meaning of Hovercraft Act 1968 M4) which is 24 metres or more in length.

PART 2Requirements to provide information to passengers

Provision of information before booking and at check-inI53

1

The operator of any international passenger service must provide the information specified in paragraph (2) as part of any facility managed by the operator by which a person—

a

may make a booking for travel on the service, or

b

may check-in for travel on the service.

F52

The information mentioned in paragraph (1) is—

c

in the case of a facility provided for booking travel or checking in by telephone or face to face—

i

where the information is provided orally, the information set out in Part 1 of the Schedule;

F14ii

where information is provided in writing, written notice which sets out—

aa

the requirement to provide information,

bb

the requirement to possess notification of a negative test result in accordance with regulation 6A of the International Travel Regulations, F18...

cc

F17the requirement to arrange tests before arriving in Wales in accordance with F30regulation 6AB of the International Travel Regulations, and

dd

the requirement to isolate;

d

in any of the above cases, a F15written request to pass on the information mentioned in sub-paragraph (a), (b) or (c) (as the case may be) to any person on whose behalf—

i

a booking is being made, or

ii

a check-in is being carried out.

F312A

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

F322B

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

F332C

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

3

Where the operator does not directly manage the booking or check-in process, the operator must take all reasonable measures to ensure that the person managing the process complies with F29paragraph (1) on the operator's behalf.

F3Provision of information prior to departure3A

1

Paragraph (2) applies where at least 48 hours prior to the scheduled departure time of an international passenger service, a booking is made for a passenger (“P”) to travel on that service.

2

Where this paragraph applies, between 24 and 48 hours prior to the scheduled departure time of the service, the operator of the service must ensure that P has been provided with the information specified in paragraph (4) (“the required information”).

3

The required information must be provided by text message, push notification, email or orally.

4

The required information mentioned in paragraph (2) is—

a

where the information is provided by text message or push notification, text which—

i

informs P of the requirement to provide information,

ii

informs P that penalties apply for failure to comply with the requirement to provide information,

iv

if the international passenger service is one on which P is allocated a seat numbers, advises P to provide the seat number as part of the requirement to provide information;

F16v

informs P of the requirement to possess notification of a negative test result in accordance with regulation 6A of the International Travel Regulations F19, and

F20vi

informs P of the requirement to arrange tests before arriving in Wales in accordance with F35regulation 6AB of the International Travel Regulations;

c

where the information is provided orally, the information set out in Part 1 of the Schedule.

5

Where another person (“A”) makes a booking on an international passenger service on behalf of another passenger (whether or not A is also a passenger on that service), the requirement to provide information in accordance with this regulation is to be treated as complied with, as regards the time set out in paragraph (1), if the required information was provided to A in the required manner between 24 and 48 hours prior to the scheduled departure time of that service, along with a written request that A provides that information to the passenger.

F366

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

F367

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

F368

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

F369

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

Provision of information during journeyI64

1

The operator of an international passenger service must ensure that every passenger on the vessel or aircraft is provided with the statement set out in F6Part 2 of the Schedule during the journey to the port in Wales.

2

The statement must be provided F1... in Welsh, English and an officially recognised language of the country of departure.

Exception from requirements of regulations 3 F7, 3A and 4I75

Nothing in regulation 3 F8, 3A or 4 requires information to be provided to a person who, by virtue of age or mental capacity, is unlikely to be capable of understanding it.

PART 3Offences, penalties and prosecutions

OffencesI86

1

A person who contravenes a requirement in regulation 3(1) or (3), F22regulation 3A(2) or F37... or regulation 4 commits an offence.

2

It is a defence to a charge of committing the offence of contravening the requirement in F9F23regulation 3(1), regulation 3A(2) F38... or regulation 4 to show that the person had a reasonable excuse for the contravention.

3

A person who commits an offence under paragraph (1) is liable on summary conviction to a fine.

Fixed penalty noticesI97

1

An authorised person may issue a fixed penalty notice to any person (“P”) that the authorised person reasonably believes has committed an offence under regulation 6(1).

2

A fixed penalty notice is a notice offering P the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—

a

the Welsh Ministers, or

b

a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation.

3

Where a notice is issued under paragraph (1) in respect of an offence—

a

no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;

b

P may not be convicted of the offence if P pays the fixed penalty before the end of that period.

4

A fixed penalty notice must—

a

describe the circumstances alleged to constitute the offence,

b

state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,

c

specify the amount of the fixed penalty,

d

state the name and address of the person to whom the fixed penalty may be paid, and

e

specify permissible methods of payment.

F105

The amount of fixed penalty specified under paragraph 4(c) is to be—

a

in the case of the first penalty notice received, £1000;

b

in the case of the second penalty notice received, £2000;

c

in the case of the third penalty notice received, £4000;

d

in the case of the fourth and any subsequent fixed penalty notice received, £10,000.

6

In any proceedings, a certificate—

a

that purports to be signed by or on behalf of—

i

the Welsh Ministers, or

ii

a person designated by the Welsh Ministers under paragraph (2)(b), and

b

states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

ProsecutionsI108

No proceedings for an offence under these Regulations may be brought other than by the Director of Public Prosecutions or an authorised person.

Annotations:
Commencement Information
I10

Reg. 8 in force at 17.6.2020, see reg. 1(2)

PART 4Miscellaneous

Review of requirementsI119

1

The Welsh Ministers must carry out a review of the requirements imposed by Part 2—

a

by 29 June 2020,

F2b

by 27 July 2020;

c

at least once in the period of 28 days beginning with 28 July 2020;

d

at least once in each subsequent period of 28 days.

2

A review carried out under paragraph (1) must consider whether the requirements are necessary and proportionate as a means of preventing danger to the public arising from the spread of coronavirus.

Amendment of the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020I210

1

The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 M5 are amended as follows.

2

In the Welsh language text only—

a

in regulation 2(1), for the definition of “gwybodaeth am deithiwr” (“passenger information”) substitute—

  • ystyr “gwybodaeth am deithiwr” (“passenger information”) yw'r wybodaeth a bennir yn Atodlen 1;

b

in regulation 5(3)(b), for “ddiweddaru ar ran P” substitute “ diweddaru ”;

c

in regulation 7—

i

in paragraph (1)(b)(ii) omit the comma after “sydd”;

ii

in paragraph (4)(a) omit “bai”;

iii

in paragraph (5)(a) after “yng Nghymru” insert “sy'n addas i breswylio ynddi”;

d

in regulation 8—

i

in paragraph (2)(a)(i) for “7(3));” substitute “ 7(3); a ”;

ii

in paragraph (3)(b)(i) for “(bod y tu allan i fangre am gyhyd ag y bo'n angenrheidiol)” substitute “ (gadael y fangre dros dro) ”;

e

in regulation 14(4), for “rreoliadau yma” substitute “ Rheoliadau hyn ”;

f

in regulation 16(2) for “Reoliadau” substitute “ Rheoliadau ”;

g

in regulation 17(10)—

i

after “ “ddeddfwriaeth diogelu data” insert “ a “data personol” ”;

ii

for “ac mae i “data personol” yr ystyr a roddir i” substitute “ a ”;

h

in Schedule 1, in sub-paragraph (d), for “ei ddogfen” substitute “ dogfen ”;

i

in Schedule 2—

i

in paragraph 1, sub-paragraphs (1)(h) and (2)(a)(i) for “swydd” substitute “ swyddfa ”;

ii

in paragraph 1(2)(a)(i) for “i'r person” substitute “ i P ”;

iii

in paragraph 2(1)(a) for “y tu allan i'r” substitute “ yn y ”;

iv

for paragraph 3(1)(b) substitute— “sydd wedi bod ar lestr a weithredir gan Wasanaeth Llyngesol ei Mawrhydi am gyfnod di-dor o 14 o ddiwrnodau o leiaf yn union cyn iddo gyrraedd ac nad yw'r llestr hwnnw wedi codi unrhyw bersonau nac wedi glanio mewn unrhyw borthladd môr y tu allan i'r ardal deithio gyffredin yn ystod y cyfnod hwnnw.”;

v

in paragraph 7(2), in the opening words, for “y paragraff hwn” substitute “ is-baragraff (1) ”;

vi

in paragraph 13(1)(b) insert “ hanfodol ” after “plismona” in both places where it occurs.

3

In Schedule 2—

a

for the heading to the Schedule substitute— “ Exempt persons ”;

b

in the heading to Part 1 of the Schedule, for “3 or regulation 4” substitute “ 4, 5, 7 or 8 ”;

c

in the heading to Part 2 of the Schedule, for “4” substitute “ 7 or 8 ”.

Annotations:
Commencement Information
I2

Reg. 10 in force at made date at 5.38 p.m., see reg. 1(1)

Marginal Citations
M5

S.I. 2020/574 (W. 132)

Expiry of these RegulationsI311

1

These Regulations expire at the end of F3931 May 2022.

2

The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Mark Drakeford The First Minister, one of the Welsh Ministers

F24SCHEDULEOn-board statement

Regulations 3, 3A and 4

Annotations:
Amendments (Textual)

Part 1

The information to be provided for the purposes of regulations 3(2)(a)(i), 3(2)(b)(i), 3(2)(c)(i), 3A(4)(b)(i) and 3A(4)(c) is—

Image_r10001

F40Part 2

Annotations:
Amendments (Textual)

The statement to be provided for the purposes of regulation 4 is—

a

Welsh language version—

Dyma neges iechyd y cyhoedd ar ran asiantaethau iechyd y cyhoedd y Deyrnas Unedig.

Pa mor hir bynnag yr ydych yn bwriadu aros yn y Deyrnas Unedig, rhaid i bawb gymryd prawf COVID-19 a archebwyd ymlaen llaw o fewn y ddau ddiwrnod cyntaf ar ôl ichi gyrraedd. Os ydych wedi bod mewn unrhyw wledydd ar y rhestr goch neu oren, neu wedi tramwyo drwy unrhyw wledydd o’r fath, rhaid ichi hefyd gymryd prawf arall a archebwyd ymlaen llaw 8 niwrnod ar ôl ichi gyrraedd.

Os ydych wedi bod mewn gwlad oren neu goch o fewn y 10 niwrnod diwethaf, neu wedi tramwyo drwy wlad o’r fath, rhaid ichi fynd i gwarantin am y 10 niwrnod cyntaf ar ôl ichi gyrraedd.

Symptomau’r coronafeirws yw peswch cyson newydd, tymheredd uchel neu golli eich synnwyr blasu neu arogli arferol, neu newid yn eich synnwyr blasu neu arogli arferol. Os ydych yn profi unrhyw un o’r symptomau hyn, ni waeth pa mor ysgafn ydynt, fe’ch cynghorir i wneud eich hunan yn hysbys i’r criw.

Dilynwch y canllawiau Iechyd y Cyhoedd ar gyfer yr ardal yr ydych yn byw ynddi neu’n teithio ynddi.

Ewch i gov.uk/coronavirus i gael rhagor o gyngor.

b

English language version—

The following is a public health message on behalf of the UK’s public health agencies.

However long you intend to stay in the UK, everyone must take a pre-booked COVID-19 test within the first two days after you arrive. If you have been in or transited through any countries on the red or amber list you must also take another pre-booked test 8 days after arrival.

If you have been in or transited through an amber or red country within the previous 10 days you must quarantine for the first 10 days after you arrive.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the Public Health guidance for the area you are living or travelling in.

Visit gov.uk/coronavirus for more advice.

c

the statement in paragraph (a) or (b) translated into an officially recognised language of the country of departure.

(This note is not part of the Regulations)

These Regulations are made in response to the danger to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). Section 45B of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of (amongst other things) preventing danger to public health from “vessels, aircraft, trains or other conveyances arriving at any place”.

The regulations place a requirement on operators of international passenger services coming from outside the common travel area to an airport, heliport or seaport in Wales (“operators”) to provide passengers with certain public health information relating to the virus.

Regulation 3 imposes requirements on operators at the point of both booking and check-in. Where booking or checking in is undertaken online the regulation requires the operator to make available to passengers a link to the relevant pages of the gov.uk website and the gov.wales website. Where booking or checking in is undertaken by telephone or in person operators are required to direct the passenger to these pages.

Regulation 4 requires operators to provide the public health information statement in the Schedule to passengers while on board.

Regulation 5 provides an exception to the requirement to provide the public health information in regulations 3 and 4; it does not apply where the recipient of the information is unlikely to be capable of understanding it.

Regulation 6 creates a summary only offence of contravening the requirements to provide the public health information in regulations 3 and 4. The offence is punishable by a fine.

Regulation 6(2) provides a defence of “reasonable excuse” for an operator charged with an offence under regulation 4 (contravening a requirement to provide information to passengers whilst on board).

Regulation 7 provides that fixed penalties may be imposed on persons who are suspected of committing an offence under these Regulations as an alternative to prosecution. The penalty is £4000.

The necessity and proportionality of these Regulations must be reviewed every 21 days (regulation 9).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.