The Health Protection (Coronavirus, Restrictions, International Travel, Notification and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021

PART 3 Amendment of the Health Protection (Notification) (Wales) Regulations 2010

Amendment of the Health Protection (Notification) (Wales) Regulations 2010

13.  The Health Protection (Notification) (Wales) Regulations 2010(1) are amended as follows.

Amendments to regulation 4A

14.—(1) Regulation 4A (duty on the operators of diagnostic laboratories to notify Public Health Wales of SARS-CoV-2 or influenza virus tests processed) is amended as follows.

(2) In paragraph (1), after “SARS-CoV-2” insert “, other than a test in relation to which regulation 4AB applies,”.

(3) In paragraph (3)(a), after “SARS-CoV-2” insert “, other than a test in relation to which regulation 4AB applies,”.

Insertion of regulation 4AB

(4) After regulation 4A insert—

“Duty to notify Public Health Wales of the results of lateral flow device tests undertaken by eligible travellers

4AB.— (1) This regulation applies where a test provider administers or provides a test for the detection of SARS-CoV-2 in accordance with regulation 6AB(2)(a)(ii)(bb) (lateral flow device tests) of the International Travel Regulations.

(2) The test provider must notify Public Health Wales of the result of the test in accordance with paragraphs (3) to (5).

(3) A notification must be provided in writing—

(a) where the test provider administered the test, within 24 hours of determining the result of the test;

(b) where the test provider did not administer the test, within 24 hours of receiving the information required to be provided by paragraph 1A(b) of Schedule 1C to the International Travel Regulations.

(4) A notification must include the following information, insofar as it is known to the test provider—

(a) in relation to the person who undertook the test (“P”), their—

(i) first name;

(ii) surname;

(iii) sex;

(iv) date of birth;

(v) NHS number;

(vi) ethnicity;

(vii) home address (including postcode);

(viii) address provided to the test provider as the place where P is able to receive a confirmatory test;

(ix) telephone number and email address, where the test result is positive or indeterminate;

(b) whether or not P has received a vaccine against SARS-CoV-2;

(c) P’s passport number or travel document number (as appropriate);

(d) the coach number, flight number, or vessel name of the conveyance on which P arrived in Wales;

(e) the test reference number given to P in accordance with regulation 6AB(6) of the International Travel Regulations;

(f) the country or territory P was travelling from when P arrived in Wales, and any country or territory they transited through as part of that journey;

(g) the date on which P undertook the test;

(h) confirmation that the test complies, and was undertaken in accordance with, the requirements applicable under the International Travel Regulations;

(i) confirmation that the test is a lateral flow device test undertaken by a regulation 2A traveller within the meaning of the International Travel Regulations;

(j) where the test provider did not administer the test, the date and time that the test provider received the information required to be provided by paragraph 1A(b) of Schedule 1C to the International Travel Regulations;

(k) the following information about the test—

(i) the name of the test provider and a description of its operations;

(ii) the specimen number;

(iii) the specimen type;

(iv) the specimen date;

(v) the test method;

(vi) the result;

(vii) the date on which the test was carried out;

(viii) the name of the testing equipment manufacturer.

(5) Where P is a child, or a person with a disability who is unable for that reason to provide the information set out in paragraph (4)(a) to the test provider, the test provider must provide Public Health Wales with, insofar as it is known to the test provider—

(a) the information set out in paragraph (4)(a)(i) to (viii) in relation to P, having obtained it from an appropriate parent, guardian or carer of P (“X”); and

(b) where the test result is positive or indeterminate, X’s telephone number and email address.

(6) It is an offence for a test provider to fail without reasonable excuse to comply with this regulation.

(7) A test provider that commits an offence under this regulation is liable on summary conviction to a fine.

(8) In this regulation, “carer”, “child”, “disability”, “guardian”, “International Travel Regulations”, “parent” and “Public Health Wales” have the meanings given in regulation 4A.”

Amendments to regulation 5

15.—(1) Regulation 5 (duty to provide information to the proper officer or Public Health Wales) is amended as follows.

(2) In paragraph (1), after “4A,” insert “4AB,”.

(3) In paragraph (2A), after “4A(3),” insert “4AB(4),”.

Amendment to regulation 7

16.  In regulation 7(1)(a) (electronic communications), after “4A(1),” insert “4AB,”.

(1)

S.I. 2010/1546 (W. 144), amended by S.I. 2020/232 (W. 54) and S.I. 2021/1063 (W. 250).