2021 No. 1131 (W. 274)
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 18) Regulations 2021
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 19841.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45Q(3) of that Act the Welsh Ministers are of the opinion that the instrument does not contain any provision made by virtue of section 45C(3)(c) of the Act which imposes or enables the imposition of a special restriction or requirement, or any other restriction or requirement which has or would have a significant effect on a person’s rights.
Title and coming into force1
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 18) Regulations 2021.
2
These Regulations come into force on 9 October 2021.
Amendment to the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20202
1
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20202 are amended as follows.
2
In regulation 10—
a
in paragraph (2)—
i
after sub-paragraph (d) insert—
da
to enable the person to seek to prevent illness, injury or other risk of harm to another person (“A”) where—
i
it is not possible or not practicable for somebody else to assist A,
ii
the person is not assisting A as part of the person’s work or through providing voluntary services, and
iii
the risk of harm to A from being in the same place as the person is less than the risk of harm to A that the person is seeking to prevent;
ii
for sub-paragraph (h) substitute—
h
to move to a different place to live—
i
where it becomes impracticable to remain at the place where the person is living, or
ii
to prevent illness to another person who lives in the place where the person is living;
b
after paragraph (6) insert—
6A
A contact tracer may, for the purposes of determining whether to request evidence from a person in accordance with paragraph (5)(b) or (6)(b), obtain and use information about whether a person—
a
has completed a course of doses of an authorised vaccine;
b
has participated in, or is participating in, a clinical trial of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 20043.
3
Omit regulation 10A.
4
In regulation 14—
a
in paragraph (2), before sub-paragraph (b) insert—
ab
information about whether a person—
i
has completed a course of doses of an authorised vaccine;
ii
has participated in, or is participating in, a clinical trial of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004;
b
for paragraph (8) substitute—
8
In this regulation—
a
“authorised vaccine” and “clinical trial” have the same meanings as in regulation 10;
b
“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 20184.
5
In regulation 57(9), in the words before sub-paragraph (a), omit “regulated”.
Amendment to the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 20213
1
In regulation 2(2) of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 20215, the regulation 16A that is to be inserted after regulation 16 of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 is amended as follows.
2
After paragraph (5) insert—
5A
For the purposes of paragraph (2)(c), a person participating in a religious service in premises ordinarily used as a place of worship is to be treated as being normally seated.
3
In paragraph (6)—
a
in sub-paragraph (b), in the English language text, after “in relation to” insert “a”;
b
in sub-paragraph (c)—
i
for “or” substitute “, the”;
ii
after “vaccination card” insert “, or a vaccine certificate relating to the person”.
4
In paragraph (8), for “person is deemed to have received a course of doses of a vaccine” substitute “doses are deemed to be administered”.
5
In paragraph (9)—
a
in sub-paragraph (b)—
i
at the beginning insert “in relation to a course of doses administered in the United Kingdom or a relevant country,”;
ii
for “a”, where it appears after “completed”, substitute “the”;
iii
in the opening words, the words from “the person” to the end become paragraph (i) of that sub-paragraph;
iv
current paragraph (i) becomes sub-paragraph (aa);
v
current paragraph (ii) becomes sub-paragraph (bb);
vi
at the end of sub-paragraph (bb) as renumbered insert “, or”;
vii
after sub-paragraph (bb) as renumbered insert—
ii
the person has received a dose of one authorised vaccine and a dose of a different authorised vaccine;
b
after sub-paragraph (b) insert—
c
in relation to a course of doses administered under the United Kingdom vaccine roll-out overseas, a person has completed the course of doses if—
i
the person has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine, or
ii
the person has received a dose of one vaccine and a dose of a different vaccine.
6
In paragraph (10)—
a
in sub-paragraph (a)—
i
in paragraph (i), after “United Kingdom” insert “or in a relevant country listed in paragraph (12)”;
ii
in paragraph (ii), after “relevant country” insert “listed in the first column of the table in paragraph (11)”;
b
in sub-paragraph (c)(ii), after “relevant country” insert “listed in the first column of the table in paragraph (11)”;
c
in sub-paragraph (d), after “paragraph (11)” insert “or a country or territory listed in paragraph (12)”;
d
after sub-paragraph (f) insert—
g
“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of Australia, Canada or a relevant country listed in paragraph (12) which contains—
i
the person’s full name;
ii
the person’s date of birth;
iii
the name and manufacturer of the vaccine that the person has received;
iv
the date that the person received each does of the vaccine;
v
details of either the identity of the issuer of the certificate or the country of vaccination, or both.
7
In paragraph (11), in the table, at the appropriate places insert—
a
in the first column (relevant country) insert “Australia”, and in the second column (relevant regulator) of the same row insert “The Therapeutic Goods Administration”;
b
in the first column insert “Canada”, and in the second column of the same row insert “Health Canada”.
8
After paragraph (11) insert—
12
The countries and territories referred to in the definition of “relevant country” are—
Albania
Antigua and Barbuda
The Bahamas
Bahrain
Bangladesh
Barbados
Bosnia and Herzegovina
Brazil
Brunei
Chile
Colombia
Dominica
Egypt
Georgia
Ghana
Grenada
Hong Kong
India
Indonesia
Israel
Jamaica
Japan
Jordan
Kenya
Kosovo
Kuwait
Malaysia
Maldives
Moldova
Montenegro
Morocco
Namibia
New Zealand
Nigeria
North Macedonia
Oman
Pakistan
The Philippines
Qatar
Saudi Arabia
Serbia
Singapore
South Africa
South Korea
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Taiwan
Thailand
Turkey
Ukraine
United Arab Emirates
Vietnam
(This note is not part of the Regulations)