The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021

PART 4 Miscellaneous amendments to the International Travel Regulations relating to Parts 2 and 3 of these Regulations

Amendment to regulation 14

8.  Regulation 14 (offences) is amended as follows—

(a) in paragraph (1)—

(i) in sub-paragraph (f), omit “or”;

(ii) in sub-paragraph (g), for “12D(1)” substitute “12E”;

(iii) after sub-paragraph (g) insert—

“(h) 6B and 6C, or

(i) 6D,”;

(b) after paragraph (1A) insert—

“(1B) But a person does not commit an offence if they have a reasonable excuse for contravening regulation 6B or 6C.

(1C) For the purposes of regulation 6B a reasonable excuse includes, in particular, where—

(a) it was not reasonably practicable for a person to book a test due to a disability;

(b) a person reasonably considered before arriving in Wales that it would not be reasonably practicable for the person (or, as the case may be, the child for whom the person has responsibility) to provide a sample for a test due to a disability;

(c) a person required medical treatment with such urgency that booking a test was not reasonably practicable;

(d) a person was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (a) or (c) where it was not reasonably practicable for the accompanying person to book a test;

(e) a person began their journey to Wales in a country or territory in which the person did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in their last point of departure if this was different to where they began their journey.

(1D) For the purposes of regulation 6C, a reasonable excuse includes, in particular, where—

(a) it is not reasonably practicable for P to undertake a test due to a disability;

(b) P requires medical treatment with such urgency that undertaking a test is not reasonably practicable;

(c) a test is cancelled for reasons beyond P’s control.”

Amendment to regulation 16

9.  In regulation 16 (fixed penalty notices)—

(a) after paragraph (6)(aa) insert—

“(ab) of contravening a requirement imposed by regulation 6D,”;

(b) after paragraph (6A) insert—

“(6AA) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 14(1)(g), then the amount specified under paragraph (5)(c) must be £10,000.

(6AB) Where the fixed penalty notice is issued to a person in respect of an offence described in regulation 14(1)(h), then the amount specified under paragraph (5)(c) must be—

(a) in the case of a fixed penalty notice issued in respect of a failure to arrange tests in accordance with regulation 6B(3) or (5), £1,000;

(b) in the case of the first fixed penalty notice issued in respect of a failure to take a test in accordance with regulation 6C(1) or (3), £1,000;

(c) in the case of the second fixed penalty notice issued in respect of a failure to take a test in accordance with regulation 6C(1) or (3), £2,000.”;

(c) in paragraph (7), at the beginning insert “Subject to paragraph (7A),”;

(d) after paragraph (7) insert—

“(7A) Where a fixed penalty notice is issued to a person in respect of an offence—

(a) under regulation 14(2), and

(b) it relates to that person’s travel history to a country or territory listed in Schedule 3A,

the amount specified under paragraph (5)(c) must be £10,000.”

Amendment to regulation 17

10.  In regulation 17 (use and disclosure of information)—

(a) in paragraph (2), after sub-paragraph (a)(ii) insert—

“(iii) where a person arranges a test under regulation 6B or takes a test under regulation 6C—

(aa) information generated where the person arranges or takes a test;

(bb) information obtained by a public test provider (within the meaning given by regulation 6B(2)(c)) under regulation 6B(6);

(cc) the results of a test;

(dd) information recorded by a public test provider in the course of administering a test taken in accordance with regulation 6C (including confirmation that the test was taken, details of when and where it was taken, any reasons for a test not being taken and the details of any replacement test to be taken);

(iv) information provided to an immigration officer pursuant to regulation 6B(8);

(v) where a sample taken in respect of a day 2 test under regulation 6C has been sequenced, the sorted BAM file relating to that sample containing all reads aligning to the SARS-CoV-2 reference genome with unaligned and human reads removed;”;

(b) in paragraph (3), after sub-paragraph (b) insert—

“(c) a public test provider;

(d) an immigration officer.”

Amendment to regulation 18

11.  Regulation 18 (self-incrimination) is amended as follows—

(a) in paragraph (2), after “in” insert “such”;

(b) omit “other than for an offence under these Regulations or section of the Perjury Act 1911(false statements made otherwise than on oath)”;

(c) after paragraph (2) insert—

“(2A) Paragraph (2) does not apply if the proceedings are for—

(a) an offence under these Regulations,

(b) an offence under section 5 of the Perjury Act 1911(1) (false statements made otherwise than on oath),

(c) an offence under section 1 of the Fraud Act 2006(2) (fraud), or

(d) an offence under section 2 or 3 of the Forgery and Counterfeiting Act 1981(3) (offence of copying or using a false instrument).”

Amendment to Schedule 1

12.  In Schedule 1 (passenger information), after paragraph 2 insert—

“3.   Where regulation 6B requires a day 2 test and a day 8 test to be arranged—

(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 regulation 6B(7).”

(1)

1911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

(2)

2006 c. 35.

(3)

1981 c. 45.