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

New regulation 6L

9.  After regulation 6K (workforce testing) insert—

“Specified events testing

6L.— (1) This regulation applies to a person (“P”) aged 5 or over who—

(a) arrives in Wales,

(b) has, within the period of 10 days ending with the day of P’s arrival in Wales, been outside the common travel area, and

(c) is a relevant person at a specified event.

(2) P must take an event test for day 2 in accordance with paragraph (9) where P—

(a) is a regulation 2A traveller, or

(b) has not been in a non-exempt country or territory within the period of 10 days ending with the day of P’s arrival in Wales.

(3) Where paragraph (2) does not apply, P must undertake an event test for day 2, and day 8 in accordance with paragraph (9) in relation to each category of test.

(4) Where P does not undertake an event test as required by this regulation by reason of a reasonable excuse, P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement event test.

(5) Where a replacement event test is undertaken instead of—

(a) an event test to be undertaken for day 2, P is to be treated as if they had undertaken an event test on day 2 in accordance with this regulation;

(b) an event test to be undertaken for day 8, P is to be treated as if they had undertaken an event test on day 8 in accordance with this regulation.

(6) Regulations 6DA to 6HB apply to a person subject to this regulation as if—

(a) references to regulation 6AB and 6AB(1) were to regulation 6L and 6L(1) respectively;

(b) references to a day 2 test were to an event test undertaken for day 2;

(c) references to a day 8 test were to an event test undertaken for day 8;

(d) for regulation 6DB(5) there were substituted—

“(5) This paragraph applies to a replacement event test.”;

(e) for regulation 6HA(5) there were substituted—

“(5) This paragraph applies to a replacement event test.”

(7) Where an event test generates an inconclusive result, P must as soon as reasonably practicable undertake a further event test and that further event test is to be treated as a replacement event test.

(8) A person responsible for organising a specified event must—

(a) take reasonable steps to facilitate the taking of events tests by a relevant person in relation to the specified event they have responsibility for;

(b) have regard to any guidance issued by the Welsh Ministers for the purposes of sub-paragraph (a).

(9) In this regulation—

“an event test” (“prawf digwyddiad”) means a test for the detection of coronavirus;

“an event test undertaken for day 2” (“prawf digwyddiad a gymerir ar gyfer diwrnod 2”) means a test which is undertaken no later than the end of the second day after the day on which P arrived in Wales;

“an event test undertaken for day 8” (“prawf digwyddiad a gymerir ar gyfer diwrnod 8”) means an event test which is undertaken before the end of the eighth day after the day on which P arrived in Wales

“relevant person” (“person perthnasol”) in relation to a specified event means—

(a)

a person participating in or at the event to derive a living;

(b)

an individual essential to the running of the event, including—

(i)

operational staff essential to the running of the event;

(ii)

event officials;

(iii)

referees;

(iv)

broadcast staff and journalists covering the event;

(c)

an individual essential to the support of a person described in paragraph (a), including—

(i)

medical, logistical, technical and administration staff;

(ii)

the parent or carer of a such a person, where that person is under the age of 18;

“a replacement event test” (“prawf digwyddiad arall”) means an event test complying with the requirements that apply to the event test that was missed or provided an inconclusive result;

“a specified event” (“digwyddiad penodedig”) means an event listed in Schedule 1E.

(10) In this regulation, when considering whether a person derives a living from participating in an event, any payment made for a person’s benefit by reason of their participation is to be taken into account, including payment by way of salary, prize money or through a contractual arrangement of any other kind.”