The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022

PART 1 E+W General

Title, coming into force and revocations E+W

1.—(1) The title of these Regulations is the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022.

(2) These Regulations come into force at 4.00 a.m. on 11 February 2022.

(3) The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020(1) are revoked.

(4) Part 3 of the Health Protection (Coronavirus, International Travel and Notification) (Wales) (Miscellaneous Amendments) Regulations 2021(2) is revoked.

Commencement Information

I1 Reg. 1 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

General interpretation E+W

2.—(1) In these Regulations—

“the 2020 Regulations” (“Rheoliadau 2020”) means the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020;

“child” (“plentyn”) means a person under 18 years of age and any reference to an “adult” (“oedolyn”) is to be interpreted accordingly;

“coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“the Coronavirus Restrictions Regulations” (“y Rheoliadau Cyfyngiadau Coronafeirws”) means the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020(3);

“crown servant” (“gwas i’r goron”) has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989(4);

“day 2 test” (“prawf diwrnod 2”) means a test which complies with regulation 8(5) and paragraph 1 of Schedule 4;

“device” (“dyfais”) means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002(5);

“driver” (“gyrrwr”) includes a person who is travelling in a vehicle as a relief driver;

“eligible traveller” (“teithiwr cymwys”) has the meaning given in regulation 3;

“EU Digital COVID Certificate” (“Tystysgrif COVID Ddigidol yr UE”) means a certificate of COVID-19 records issued by an EEA state, a member State of the European Free Trade Association, Andorra, Monaco, San Marino or the Vatican City State;

“goods vehicle” (“cerbyd nwyddau”) has the meaning given in section 192 of the Road Traffic Act 1988(6);

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

“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(7);

“NHS” (“GIG”) means the health service continued under section 1(1) of the National Health Service Act 2006(8);

“passenger information” (“gwybodaeth am deithiwr”) means—

(a)

where P is an eligible traveller, the information specified in Part 1 of Schedule 1;

(b)

where P is not an eligible traveller, the information specified in Parts 1 and 2 of Schedule 1;

“private test provider” (“darparwr prawf preifat”) means a test provider other than a public test provider;

“public test provider” (“darparwr prawf cyhoeddus”) means a person who provides or administers a test exercising powers under the National Health Service (Wales) Act 2006(9), the National Health Service Act 2006, the National Health Service (Scotland) Act 1978(10), or the Health and Personal Social Services (Northern Ireland) Order 1972(11);

“qualifying test” ( “prawf cymhwysol”) means a test that is a qualifying test for the purposes of regulation 7;

“replacement workforce test” (“prawf gweithlu arall”) means a test which is taken for the detection of coronavirus which are provided or administered under the National Health Service (Wales) Act 2006 and which is taken in accordance with regulation 9(4) or regulation 11(3);

“road haulage worker” (“gweithiwr cludiant ffyrdd”) means—

(a)

a driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(b)

a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council(12), and who is acting in the course of their employment;

“sensitivity” (“sensitifrwydd”), in relation to a device, means how often the device correctly generates a positive result;

“specificity” (“penodolrwydd”), in relation to a device, means how often the device correctly generates a negative result;

“test provider” (“darparwr prawf”) means a public test provider or a private test provider;

“workforce test” (“prawf gweithlu”) means a test which is taken for the detection of coronavirus which is provided or administered under the National Health Service (Wales) Act 2006.

(2) For the purpose of these Regulations, a person has responsibility for a child if—

(a) the person has custody or charge of the child, or

(b) the person has parental responsibility for the child (within the meaning of the Children Act 1989(13)).

(3) In these Regulations—

“aircraft” (“cerbyd awyr”)(14);

“the common travel area” (“yr ardal deithio gyffredin”)(15);

“port” (“porthladd”)(16);

“ship” (“llong”)(17),

have the same meaning as they have in the Immigration Act 1971.

(4) For the purposes of these Regulations, a person travelling by aircraft or ship is not to be treated as having been in a place unless—

(a) the person disembarks from the aircraft or ship while it is at the place, or

(b) where the person remains on the aircraft or ship while it is at the place, any other passengers embark on the aircraft or ship at the place.

(5) For the purposes of these Regulations, a person has begun their journey to Wales outside the common travel area if the original place of departure was outside the common travel area, whether or not the last place of departure on that journey was inside the common travel area.

Commencement Information

I2 Reg. 2 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Exemptions for eligible travellers E+W

3.—(1) In these Regulations, a person (“ P”) is an eligible traveller if P meets the requirements of paragraph (2) and any of the requirements in paragraphs (3) to (7) of this regulation.

(2) P arrives in Wales having begun their journey outside the common travel area.

(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) if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area, is able to provide proof of meeting the requirement in sub-paragraph (a) in the form of—

(i) the NHS COVID pass or equivalent from NHS Scotland, NHS Wales or the Department of Health in Northern Ireland,

(ii) the EU Digital COVID certificate,

(iii) a certificate of COVID-19 records issued by an approved third country or territory,

(iv) a North American Certificate,

(v) the Centers for Disease Control and Prevention vaccination card, or

(vi) a vaccine certificate, and

(c) has declared that P has completed a course of an authorised vaccine using a facility referred to in regulation 6(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(18),

(b) is able to provide proof of such participation if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area, and

(c) has declared that P has participated in or is participating in such a clinical trial using a facility referred to in regulation 6(1).

(5) P—

(a) has participated or is participating in a clinical trial in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus, and

(b) is able to provide proof of such participation through the Centers for Disease Control and Prevention vaccination card if required by an immigration officer or the operator of a commercial service on which P travels to Wales from outside the common travel area.

(6) P is under the age of 18 upon arrival in Wales.

(7) P—

(a) 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,

(b) is able to provide proof if required by an immigration officer of meeting the requirements in sub-paragraph (a), and

(c) has declared that P has completed a course of doses of a vaccine as described in sub-paragraph (a) using a facility referred to in regulation 6(1).

(8) For the purposes of paragraph (3), 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(19) for the authorised vaccine.

(9) For the purposes of paragraph (3)—

(a) where P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine;

(b) where P has received at least two doses of any of the vaccines referred to in paragraph (d) of the definition of “authorised vaccine”, P is deemed to have completed a course of doses of an authorised vaccine.

(10) For the purposes of paragraph (7), P has completed a course of doses of a vaccine if P has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine.

(11) For the purposes of paragraph (7), where P has received—

(a) a dose of an authorised vaccine, and

(b) a dose of a vaccine under the United Kingdom vaccine roll-out overseas,

P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(12) For the purposes of paragraph (7), where P has received—

(a) a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and

(b) a dose of a different vaccine under the United Kingdom vaccine roll-out overseas,

P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(13) For the purposes of this regulation, a child is to be treated as making a declaration using a facility referred to in regulation 6(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.

(14) In this regulation—

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

(a)

in relation to doses received in the United Kingdom, authorised—

(i)

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

(ii)

by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012;

(b)

in relation to doses received in a relevant country listed in the first column of the table in paragraph (15), authorised for supply in that country following evaluation by the relevant regulator for the country;

(c)

in relation to doses received in any other country or territory (including a relevant country listed in paragraph (16)), which would be authorised as provided for in paragraph (a)(i) or (ii) if the doses were received in the United Kingdom;

(d)

in relation to doses received in any country in the world, those vaccines which are—

(i)

listed in lines 10, 11, 12, 13 or 14 of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on 23 December 2021, and

(ii)

authorised or certified in a regulated country listed in paragraph (16);

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

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

“marketing authorisation” (“awdurdodiad marchnata”)—

(a)

in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;

(b)

in relation to a vaccine authorised for supply in a relevant country listed in the first column of the table in paragraph (15) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;

“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;

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

“North American Certificate” (“Tystysgrif Gogledd America”) means—

(a)

Excelsior Pass Plus (New York);

(b)

Digital COVID-19 Vaccine Record (California);

(c)

WA Verify (Washington state);

“relevant country” (“gwlad berthnasol”) means a country or territory listed in the first column of the table in paragraph (15) or a country or territory listed in paragraph (16);

“relevant regulator” (“rheoleiddiwr perthnasol”), in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (15), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;

“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, or

(b)

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;

“vaccine certificate” (“tystysgrif brechlyn”) means a certificate in English, French or Spanish issued by the competent health authority of a relevant country, other than a European country or territory listed in the table in paragraph (15) or the United States of America, which contains—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

the name and manufacturer of the vaccine that P has received;

(d)

the date that P received each dose of the vaccine;

(e)

details of either the identity of the issuer of the certificate or the country of vaccination, or both.

(15) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Relevant country	Relevant regulator
A member State	European Medicines Agency
Andorra	European Medicines Agency
Australia	The Therapeutic Goods Administration
Canada	Health Canada
Iceland	European Medicines Agency
Liechtenstein	European Medicines Agency
Monaco	European Medicines Agency
Norway	European Medicines Agency
San Marino	European Medicines Agency
Switzerland	Swissmedic
the United States of America	United States Food and Drug Administration
Vatican City State	European Medicines Agency

(16) The countries and territories referred to in the definition of “relevant country” are—

• Albania

• Algeria

• Angola

• Anguilla

• Antigua and Barbuda

• Argentina

• Armenia

• Azerbaijan

• The Bahamas

• Bahrain

• Bangladesh

• Barbados

• Belarus

• Belize

• Bermuda

• Bhutan

• Bolivia

• Bosnia & Herzegovina

• Botswana

• Brazil

• British Antarctic Territory

• British Indian Ocean Territory

• British Virgin Islands

• Brunei

• Cambodia

• Cameroon

• Cayman Islands

• Chile

• China

• Colombia

• Costa Rica

• Cote d’Ivoire

• Democratic Republic of the Congo

• Djibouti

• Dominica

• Dominican Republic

• Ecuador

• Egypt

• Eswatini

• Falkland Islands

• Fiji

• The Gambia

• Georgia

• Ghana

• Gibraltar

• Grenada

• Guatemala

• Guernsey

• Guyana

• Honduras

• Hong Kong

• India

• Indonesia

• Iran

• Iraq

• Isle of Man

• Israel

• Jamaica

• Japan

• Jersey

• Jordan

• Kazakhstan

• Kenya

• Kosovo

• Kuwait

• Kyrgyzstan

• Laos

• Lebanon

• Lesotho

• Liberia

• Libya

• Macao SAR

• Madagascar

• Malawi

• Malaysia

• Maldives

• Mali

• Mauritania

• Mauritius

• Mexico

• Moldova

• Mongolia

• Montenegro

• Montserrat

• Morocco

• Mozambique

• Namibia

• Nepal

• New Zealand

• Niger

• Nigeria

• The north of Cyprus

• North Macedonia

• Occupied Palestinian Territories

• Oman

• Pakistan

• Palau

• Panama

• Papua New Guinea

• Paraguay

• Peru

• Philippines

• Pitcairn, Henderson, Ducie and Oeno Islands

• Qatar

• Rwanda

• Saint Helena, Ascension and Tristan da Cunha

• Samoa

• Sao Tome and Principe

• Saudi Arabia

• Senegal

• Serbia

• Seychelles

• Sierra Leone

• Singapore

• Solomon Islands

• South Africa

• South Georgia and the South Sandwich Islands

• South Korea

• South Sudan

• The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

• Sri Lanka

• St Kitts and Nevis

• St Lucia

• St Vincent and the Grenadines

• Suriname

• Taiwan

• Tanzania

• Thailand

• Timor-Leste

• Tonga

• Trinidad and Tobago

• Tunisia

• Turkey

• Turkmenistan

• Turks and Caicos Islands

• Uganda

• Ukraine

• United Arab Emirates

• Uruguay

• Uzbekistan

• Vanuatu

• Vietnam

• Zambia

• Zimbabwe.

(17) The following countries and territories are approved third countries or territories for the purposes of this Part—

• Albania

• Armenia

• Cape Verde

• El Salvador

• Faroe Islands

• Israel

• Morocco

• North Macedonia

• Panama

• Togo

• Turkey

• Ukraine.

(18) Where a course of doses of an authorised vaccine has been administered to a person (“P”) by a person acting on behalf of the United Nations and authorised to administer the vaccination in that capacity, P is to be treated as if they have received those doses in a relevant country listed in paragraph (16), and any reference to a person from a relevant country in these Regulations is to be construed accordingly.

Commencement Information

I3 Reg. 3 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Transitional provision E+W

4.—(1) Paragraph (2) applies where—

(a) a person (“P”), immediately before these Regulations come into force, is required not to leave or be outside of specified premises in Wales in accordance with regulation 7(1) or regulation 8(1) of the 2020 Regulations (“the isolation requirement”), and

(b) the isolation requirement would not have applied to P had the countries and territories listed in paragraph (3) been included in regulation 2A(12) of the 2020 Regulations immediately before P’s arrival in Wales.

(2) The isolation requirement ceases to apply to P when these Regulations come into force.

(3) The countries and territories referred to in paragraph (1)(b) are—

• Algeria

• Cape Verde

• China

• El Salvador

• Guatemala

• Iran

• Kazakhstan

• Kyrgyzstan

• Macao SAR

• Mexico

• Sao Tome and Principe

• South Sudan

• Timor-Leste

• Togo

• Tonga

• Turkmenistan.

Commencement Information

I4 Reg. 4 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

(1)

S.I. 2020/574 (W. 132), amended by S.I. 2020/595 (W. 136), S.I. 2020/714 (W. 160), S.I. 2020/726 (W. 163), S.I. 2020/804 (W. 177), S.I. 2020/817 (W. 179), S.I. 2020/840 (W. 185), S.I. 2020/868 (W. 190), S.I. 2020/886 (W. 196), S.I. 2020/917 (W. 205), S.I. 2020/942, S.I. 2020/944 (W. 210), S.I. 2020/962 (W. 216), S.I. 2020/981 (W. 220), S.I. 2020/1015 (W. 226), S.I. 2020/1042 (W. 231), S.I. 2020/1080 (W. 243), S.I. 2020/1098 (W. 249), S.I. 2020/1133 (W. 258), S.I. 2020/1165 (W. 263), S.I. 2020/1191 (W. 269), S.I. 2020/1223 (W. 277), S.I. 2020/1232 (W. 278), S.I. 2020/1237 (W. 279), S.I. 2020/1288 (W. 286), S.I. 2020/1329 (W. 295), S.I. 2020/1362 (W. 301), S.I. 2020/1477 (W. 316), S.I. 2020/1521 (W. 325), S.I. 2020/1602 (W. 332), S.I. 2020/1645 (W. 345), S.I. 2021/20 (W. 7), S.I. 2021/24 (W. 8), S.I. 2021/46 (W. 10), S.I. 2021/48 (W. 11), S.I. 2021/50 (W. 12), S.I. 2021/66 (W. 15), S.I. 2021/72 (W. 18), S.I. 2021/95 (W. 26), S.I. 2021/154 (W. 38), S.I. 2021/305 (W. 78), S.I. 2021/361 (W. 110), S.I. 2021/454 (W. 144), S.I. 2021/500 (W. 149), S.I. 2021/568 (W. 156), S.I. 2021/584 (W. 161), S.I. 2021/646 (W. 166), S.I. 2021/669 (W. 170), S.I. 2021/765 (W. 187), S.I. 2021/826 (W. 193), S.I. 2021/863 (W. 202), S.I. 2021/867 (W. 203), S.I. 2021/915 (W. 208), S.I. 2021/926 (W. 211), S.I. 2021/967 (W. 227), S.I. 2021/1063 (W. 250), S.I. 2021/1109 (W. 265), S.I. 2021/1126 (W. 273), S.I. 2021/1212 (W. 303), S.I. 2021/1321 (W. 336), S.I. 2021/1330 (W. 343), SI 2021/1342 (W. 346), S.I. 2021/1354 (W. 352), S.I. 2021/1366 (W. 361), S.I. 2021/1369 (W. 362), S.I. 2021/1433 (W. 371), and S.I. 2022/16 (W. 8).

(2)

S.I. 2021/1212 (W. 250).

(3)

S.I. 2020/1609 (W. 335), amended by S.I. 2020/1610 (W. 336), S.I. 2020/1623 (W. 340), S.I. 2020/1645 (W. 345), S.I. 2021/20 (W. 7), S.I. 2021/46 (W. 10), S.I. 2021/57 (W. 13), S.I. 2021/66 (W. 15), S.I. 2021/95 (W. 26), S.I. 2021/103 (W. 28), S.I. 2021/172 (W. 40), S.I. 2021/210 (W. 52), S.I. 2021/307 (W. 79), S.I. 2021/413 (W. 133), S.I. 2021/502 (W. 150), S.I. 2021/542 (W. 154), S.I. 2021/583 (W. 160), S.I. 2021/668 (W. 169), S.I. 2021/686 (W. 172), S.I. 2021/722 (W. 183), S.I. 2021/862 (W. 201), S.I. 2021/925 (W. 210), S.I. 2021/970 (W. 228), S.I. 2021/1119 (W. 271), S.I. 2021/1131 (W. 274), S.I. 2021/1212 (W. 303), S.I. 2021/1304 (W. 334), S.I. 2021/1363 (W. 358), S.I. 2021/1407 (W. 366), S.I. 2021/1468 (W. 376), S.I. 2021/1477 (W. 379), S.I. 2021/1485 (W. 386), S.I. 2021/1490 (W. 390), S.I. 2022/39 (W. 16) and S.I. 2022/55 (W. 21).

(4)

1989 c. 6. Section 12 was amended by paragraph 22 of Schedule 10 to the Reserve Forces Act 1996 (c. 14), by paragraph 30 of Schedule 12 to the Government of Wales Act 1998 (c. 38), by paragraph 26 of Schedule 8 to the Scotland Act 1998 (c. 46), by paragraph 9(3) of Schedule 13 to the Northern Ireland Act 1998 (c. 47), by paragraph 9 of Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of Schedule 14 to the Energy Act 2004 (c. 20), by paragraph 58 of Schedule 4 to the Serious Organised Crime and Police Act 2005, by paragraph 34 of Schedule 10, and paragraph 1 of Schedule 12, to the Government of Wales Act 2006 (c. 32) and by paragraph 36 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

(5)

S.I. 2002/618, amended by S.I. 2008/2936.

(6)

1988 c. 52. There are amendments to section 192 but none is relevant.

(7)

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.

(8)

2006 c. 41.

(9)

2006 c. 42.

(10)

1978 c. 29.

(11)

S.I. 1972/1265 (N.I.14).

(12)

OJ No. L 300, 14.11.2009, p. 72.

(13)

1989 c. 41.

(14)

See section 33(1).

(15)

See section 1(3). It provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

(16)

See section 33(1).

(17)

See section 33(1).

(18)

S.I. 2004/1031.

(19)

S.I. 2012/1916.