The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021

PART 3 E+W Operator liability in respect of arrivals

Interpretation E+W

4.  In this Part—

“authorised person” (“person awdurdodedig”) [F1 , other than in regulation 5B, means]—

(a)

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

(b)

in relation to passengers arriving on an aircraft, the Civil Aviation Authority M1 ;

“child” (“plentyn”) means a person under the age of 18;

“immigration officer” (“swyddog mewnfudo”) means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 M2 ;

“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;

[F2 “notification of post arrival testing arrangements” (“ystyr “hysbysu am drefniadau profion ar ôl cyrraedd”) means notification of the arrangements made in accordance with [F3 regulation 6AB] of the International Travel Regulations for a passenger to undertake tests for the detection of coronavirus]

“operator” (“gweithredwr”) [F4 , other than in regulation 5B, means] operator of an international passenger service;

“passenger” (“teithiwr”) means a person travelling on an international passenger service who is not a member of that service's crew;

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

F5 ...

[F6 relevant passenger” (“teithiwr perthnasol”) means—

(a)

a passenger who, without reasonable excuse fails—

(i)

to produce a valid notification of a negative result from a qualifying test when requested to do so by an immigration officer pursuant to regulation 6A(2) of the International Travel Regulations, or

(ii)

to provide a test reference number or other evidence that tests for the detection of coronavirus have been arranged in respect of the passenger to an immigration officer pursuant to regulation 6B(8) of the International Travel Regulations, or

(b)

arrives in a port in Wales in contravention of regulation 12E(1) of the International Travel Regulations;]

[F7 “required notification” (““hysbysiad gofynnol”) means notification of the result of a test for the detection of coronavirus which includes, in English, French or Spanish, the following information—

(a)

the name of the person from whom the test sample was taken,

(b)

that person’s date of birth or age,

(c)

the negative result of that test,

(d)

the date the test sample was collected or received by the test provider,

(e)

[F8 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,

(f)

the name of the test provider;]]

“the requirement to possess notification of a negative test result” (“y gofyniad i feddu ar hysbysiad o ganlyniad prawf negyddol”) means the requirement in regulation 6A(1) of the International Travel Regulations;

“responsible individual” (“unigolyn cyfrifol”) means an individual who—

(a)

has custody or charge of the child for the time being, or

(b)

has parental responsibility for the child within the meaning given in section 3 of the Children Act 1989 M3 .

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

Textual Amendments

F1 Words in reg. 4 substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(2)(a)

F2 Words in reg. 4 inserted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(2)(b)

F3 Words in reg. 4 substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/584), regs. 1(2), 17

F4 Words in reg. 4 substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(2)(c)

F5 Words in reg. 4 omitted (23.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/72), regs. 1(2), 4(2)(a)

F6 Words in reg. 4 substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(2)(d)

F7 Words in reg. 4 substituted (23.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/72), regs. 1(2), 4(2)(c)

F8 Words in reg. 4 substituted (13.3.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Operator Liability) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/305), regs. 1(2), 9

Commencement Information

I1 Reg. 4 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M1 The Civil Aviation Authority is a body corporate established by section 1 of the Civil Aviation Act 1971 (c. 75).

M2 1971 c. 77. Paragraph 1 was amended by paragraph 3 of Schedule 3 to the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M3 1989 c. 41.

Requirement to ensure passengers possess notification of a negative test result E+W

5.—(1) An operator must ensure that a passenger who arrives in Wales on an international passenger service is in possession of a required notification.

(2) Paragraph (1) does not apply in relation to a passenger—

(a) whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement to possess notification of a negative test result or has a reasonable excuse for failing to comply with that requirement;

(b) who is a child, travelling without a responsible individual; or

(c) who is a transit passenger, who has a right to reside in the United Kingdom and does not have the right to enter the country or territory from which the international passenger service departs.

(3) In this regulation, “transit passenger” means a person who, has arrived in the country or territory from which the international passenger service departs with the intention of passing through to Wales without entering that country or territory.

Commencement Information

I2 Reg. 5 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

[F9 Requirement to ensure passengers possess notification of post arrival testing arrangements E+W

5A.— (1) An operator must ensure that a passenger who arrives in Wales on an international passenger service is in possession of a notification of post arrival testing arrangements.

(2) Paragraph (1) does not apply in relation to a passenger—

(a) whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement in [F10 regulation 6AB] of the International Travel Regulations [F11 (requirement to book and undertake tests)] or has a reasonable excuse for failing to comply with that requirement; or

(b) who is a child, travelling without a responsible individual.

Textual Amendments

F9 Regs. 5A, 5B inserted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(3)

F10 Words in reg. 5A(2)(a) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/584), regs. 1(2), 18(a)

F11 Words in reg. 5A(2)(a) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/584), regs. 1(2), 18(b)

Requirement to ensure that certain passengers do not arrive at ports in Wales E+W

5B.— (1) An operator must take all reasonable steps to ensure that a Schedule 3A passenger does not arrive on a relevant transport service to a port in Wales.

(2) Paragraph (1) does not apply where—

(a) it is necessary for a pilot in command of an aircraft to land the aircraft by means of which the transport service is provided in Wales to secure—

(i) the safety or security of the aircraft, or

(ii) the safety of any person aboard the aircraft;

(b) an aircraft is an air ambulance and it lands in Wales for the purposes of transporting a person for medical treatment;

(c) the pilot in command of an aircraft is instructed by an authorised person to land the aircraft in Wales.

(3) In this regulation—

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

(a)

a constable,

(b)

the Civil Aviation Authority,

(c)

the Secretary of State, or

(d)

a person authorised by the Civil Aviation Authority or the Secretary of State under the Air Navigation Order 2016;

“operator” (“gweithredwr”), in relation to a transport service provided by means of an aircraft, has the meaning given in article 4 of the Air Navigation Order 2016;

“pilot in command” (“peilot sydd â rheolaeth”) and “private aircraft” (“awyren breifat”) have the meaning given in the Air Navigation Order 2016 (see Schedule 1 to that Order);

“relevant transport service” (“gwasanaeth trafnidiaeth perthnasol”), in relation to an operator, means a transport service provided by or on behalf of that operator;

“Schedule 3A passenger” (“teithiwr Atodlen 3A”) means a person who has been in a country or territory listed in Schedule 3A to the International Travel Regulations and who is not a person to whom regulation 12E(2) and (3) of those regulations applies;

“transport service” (“gwasanaeth trafnidiaeth”) means—

(a)

an international passenger service,

(b)

a service (other than an international passenger service) which—

(i)

is carrying passengers travelling to Wales from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of an aircraft (other than a private aircraft), or

(c)

a flight which —

(i)

is carrying passengers travelling to Wales from outside the common travel area (whether for payment or valuable consideration or otherwise), and

(ii)

is provided by means of a private aircraft.]

Textual Amendments

F9 Regs. 5A, 5B inserted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(3)

Offences E+W

6.— [F12 (1) An operator who fails to comply with a requirement in—

(a) regulation 5(1),

(b) regulation 5A(1), or

(c) regulation 5B(1),

commits an offence.]

(2) An offence under paragraph (1) is punishable on summary conviction by a fine.

(3) In relation to the offence in paragraph [F13 (1)(a)], it is a defence for an operator to show that the relevant passenger presented a document purporting to be a required notification which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not a required notification.

[F14 (4) In relation to an offence in paragraph (1)(b), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know that a notification of post arrival testing arrangements provided in respect of a relevant passenger was false or incorrect in any respect.

(5) In relation to an offence in paragraph (1)(c), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a relevant passenger was a Schedule 3A passenger.]

Textual Amendments

F12 Reg. 6(1) substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(4)(a)

F13 Word in reg. 6(3) substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(4)(b)

F14 Reg. 6(4)(5) inserted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(4)(c)

Commencement Information

I3 Reg. 6 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

Fixed penalty notices E+W

7.—(1) An authorised person may issue a fixed penalty notice to any operator who the authorised person reasonably believes has committed an offence under regulation 6(1).

(2) A fixed penalty notice is a notice offering the operator to whom it is issued 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 an operator is issued with a notice 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) the operator may not be convicted of the offence if the operator pays the fixed penalty before the end of that period.

(4) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence, including the name of the relevant passenger;

(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 payment of the fixed penalty may be paid or evidence of the defence is to be provided; and

(e) specify permissible methods of payment.

(5) The amount of the fixed penalty for the purposes of paragraph (4)(c) is £1,000.

(6) In any proceedings, a certificate that—

(a) purports to be signed on behalf of—

(i) the Welsh Ministers, or

(ii) any 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.

Commencement Information

I4 Reg. 7 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

Prosecutions E+W

8.  Proceedings for an offence under regulation 6(1) may only be brought by an authorised person.

Commencement Information

I5 Reg. 8 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

Power to use and disclose information E+W

9.—(1) This regulation applies to any person (“P”) who holds information described in paragraph (2) relating to a relevant passenger (“relevant information”).

(2) The information referred to in paragraph (1) is—

(a) information provided by, or on behalf of, the relevant passenger by way of explanation for failing to comply with regulation [F15 6A, [F16 6AB] or 12E(1)] of the International Travel Regulations,

(b) information about the steps taken, pursuant to the International Travel Regulations, in relation to the relevant passenger, including details of any fixed penalty notice issued under those Regulations,

(c) personal details of the relevant passenger, including their—

(i) full name,

(ii) date of birth,

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

(iv) home address,

(v) telephone number,

(vi) email address,

(d) journey details of the relevant passenger, including—

(i) their time and date of arrival in Wales,

(ii) the name of the operator of the international passenger service on which they arrived or through which their booking was made,

(iii) the flight number or vessel name,

(iv) the departure and arrival locations of the international passenger service.

(3) P may only use relevant information where it is necessary for the purpose of carrying out a function under these Regulations.

(4) P may only disclose relevant information to another person (“the recipient”) where it is necessary for the recipient to have the relevant information for the purpose of carrying out a function under these Regulations.

(5) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(6) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(7) For the purposes of this regulation “data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M4 .

Textual Amendments

F15 Words in reg. 9(2)(a) substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(5)

F16 Word in reg. 9(2)(a) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/584), regs. 1(2), 19

Commencement Information

I6 Reg. 9 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M4 2018 c. 12.

Review E+W

10.  The Welsh Ministers must review the need for the requirement imposed by [F17 regulations 5, 5A and 5B] of these Regulations by 8 February 2021 and at least once every 28 days after that date.

Textual Amendments

F17 Words in reg. 10 substituted (20.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021 (S.I. 2021/171), regs. 1(2), 3(6)

Commencement Information

I7 Reg. 10 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)

Expiry E+W

11.—(1) These Regulations expire at the end of [F18 31 May 2022].

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

Textual Amendments

F18 Words in reg. 11(1) substituted (29.5.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2021 (S.I. 2021/646), regs. 1(2), 3

Commencement Information

I8 Reg. 11 in force at 18.1.2021 at 4.00 a.m., see reg. 1(2)