The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2021

New regulation 2A

4.  After regulation 2 (general interpretation) insert—

“Exemptions for vaccinated travellers and others

2A.— (1) In these Regulations, a person (“P”) is a regulation 2A traveller if P meets the requirements of paragraph (2) and any of paragraphs (3) to (6) of this regulation.

(2) P has been in a non-exempt country or territory, except for one listed in Schedule 3A, within the period of 10 days ending with the day of P’s arrival in Wales.

(3) P—

(a) has completed a course of doses of an authorised vaccine with the final dose having been received at least 14 days prior to arriving in Wales,

(b) received that course of doses in the United Kingdom,

(c) is able to provide proof if required by an immigration officer of meeting the requirement in sub-paragraph (a) through the NHS COVID pass, or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland, and

(d) has declared that P has completed a course of an authorised vaccine using a facility referred to in regulation 4(1).

(4) P—

(a) has participated in, or is participating in, a clinical trial of an authorised vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004(1),

(b) is able to provide proof of such participation, and

(c) has declared that P has participated in or is participating in such a clinical trial using a facility referred to in regulation 4(1).

(5) P is—

(a) ordinarily resident in the United Kingdom, and

(b) under the age of 18 upon arrival in Wales.

(6) P is either—

(a) a person who—

(i) has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received at least 14 days prior to arriving in Wales,

(ii) is able is able to provide proof if required by an immigration officer of the requirements in paragraph (i), and

(iii) has declared that P has completed a course of doses of a vaccines as described in paragraph (i) using a facility referred to in regulation 4(1), or

(b) a dependant of a person of the description in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” and is under the age of 18 years upon arrival in Wales.

(7) For the purposes of paragraphs (3) and (6), P has completed a course of doses if P has received the complete course of doses specified—

(a) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b) in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012(2) for the authorised vaccine.

(8) For the purposes of paragraph (6), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have received a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(9) For the purposes of this regulation, a child is to be treated as making a declaration using a facility referred to in regulation 4(1), and providing any proof required, if that declaration is made, and the proof provided, by a person who is travelling with and has responsibility for that child.

(10) In this regulation—

“authorised vaccine” (“brechlyn awdurdodedig”) means a medicinal product for vaccination against coronavirus—

(a)

authorised for supply in the United Kingdom in accordance with a marketing authorisation, or

(b)

authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc.);

“clinical trial” (“treial clinigol”) has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

“Crown servant” (“gwas y Goron”) has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989(3):

“government contractor” (“contractiwr y llywodraeth”) has the meaning given in section 12(2) of the Official Secrets Act 1989;

“the licensing authority” (“yr awdurdod trwyddedu”) has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012 (the licensing authority and the Ministers);

“marketing authorisation” (“awdurdodiad marchnata”) has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 (general interpretation);

“medicinal product” (“cynnyrch meddyginiaethol”) has the meaning given in regulation 2 of the Human Medicines Regulations 2012 (medicinal products);

“NHS” (“GIG”) means the health service continued under section 1(1) of the National Health Service Act 2006(4);

“NHS COVID pass” (“pàs COVID y GIG”) means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State through the website at NHS.uk or a COVID-19 post vaccination letter obtained from the NHS;

“NHS Scotland” (“GIG yr Alban”) means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978(5);

“NHS Wales” (“GIG Cymru”) means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006(6);

“United Kingdom vaccine roll-out overseas” (“rhaglen frechu’r Deyrnas Unedig dramor”) means the administration of vaccination against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government, or

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.”

(1)

S.I. 2004/1031, amended by section 116 of the Care Act 2014 (c. 23) and by S.I. 2004/3224, S.I. 2005/2754, S.I. 2005/2759, S.I. 2006/562, S.I. 2006/928, S.I. 2006/2984, S.I. 2007/289, S.I. 2007/3101, S.I. 2008/941, S.I. 2010/231, S.I. 2010/551, S.I. 2010/1882, S.I. 2011/2581. S.I. 2012/134, S.I. 2012/504, S.I. 2012/1641, S.I. 2012/1916, S.I. 2013/532, S.I. 2016/190, S.I. 2016/696, S.I. 2019/593, S.I. 2019/744, S.I. 2019/1094 and S.I. 2020/1488.

(2)

S.I. 2012/1916.

(3)

1989 c. 6.

(4)

2006 c. 41; section 1 was substituted by section 1 of the Health and Social Care Act 2012 (c. 7).

(5)

1978 c. 29.

(6)

2006 c. 42.