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

PART 3 E+W Testing requirements

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

7.—(1) This regulation applies to a person (“ P”) who arrives in Wales having begun their journey outside the common travel area.

(2) But references to P do not include—

(a) an eligible traveller;

(b) a person described in paragraph 3(1) of Schedule 2;

(c) a person described in any of paragraphs 2, 3, 4, 6, 8, 9, 10, 11, 12 or 18 of Schedule 5.

(3) P must possess on arrival a valid notification of a negative result from a qualifying test taken by P.

(4) P must produce, physically or digitally, the notification referred to in paragraph (3), if requested to do so by an immigration officer.

(5) For the purposes of this regulation—

(a) a test is a qualifying test if it complies with paragraph 1 of Schedule 2;

(b) a notification of a negative test result is valid if—

(i) it is provided through the EU Digital COVID Certificate, or

(ii) it includes the information specified in paragraph 2 of Schedule 2.

Commencement Information

I1 Reg. 7 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Requirement to book and undertake day 2 test E+W

8.—(1) This regulation applies to a person (“ P”) who arrives in Wales having begun their journey outside of the common travel area.

(2) But references to P do not include—

(a) an eligible traveller;

(b) a person described in paragraph 1(1)(a) to (i) of Schedule 5 who satisfies the conditions in paragraph 1(2) of that Schedule;

(c) a person described in any of paragraphs 2 to 18 of Schedule 5.

(3) P must on arrival in Wales possess a booking for a day 2 test arranged with a test provider.

(4) P must undertake the day 2 test.

(5) A day 2 test is not to be treated as complying with this regulation unless—

(a) P undertakes the test no later than the end of the second day after the day on which P arrived in Wales,

(b) the person arranging the test notified the test provider that the tests were being arranged for the purposes of this regulation, and

(c) the information in Schedule 3 was provided to the test provider in relation to P.

(6) When a day 2 test has been arranged, the test provider must provide a test reference number to—

(a) P, and

(b) any person who arranges tests on P’s behalf.

(7) Where P is an adult who arrives in Wales without possessing the day 2 test required under paragraph (3), P must as soon as is reasonably practicable obtain that test or those tests.

(8) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 13(2) and (4)), P must, as soon as is reasonably practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a test (“a replacement test”) complying with the requirements (with the exception of the requirement at paragraph (5)(a)) that apply to the test that was missed.

(9) Where a replacement test is undertaken, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation.

(10) A person who has arranged a day 2 test must provide evidence of it if requested by an immigration officer or a constable.

Commencement Information

I2 Reg. 8 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Workforce testing for road haulage workers E+W

9.—(1) This regulation applies to a person (“ P”) who—

(a) is a road haulage worker, and

(b) began their journey outside the common travel area.

(2) But references to P do not include an eligible traveller.

(3) P must undertake—

(a) a workforce test before the end of day 2,

(b) a workforce test after day 2 but before the end of day 5, and

(c) a workforce test after day 5 but before the end of day 8.

(4) Where P does not undertake any of the workforce tests as required by paragraph (3) by reason of a reasonable excuse (see regulation 13(2) and (5)), P must, as soon as is reasonably practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a replacement workforce test or tests.

(5) Where P takes a replacement workforce test in accordance with paragraph (4), P is to be treated as if they had complied with paragraph (3).

(6) For the purposes of this regulation—

“day 2” (“diwrnod 2”) means the second day after the day on which P arrives in Wales;

“day 5” (“diwrnod 5”) means the fifth day after the day on which P arrives in Wales;

“day 8” (“diwrnod 8”) means the eighth day after the day on which P arrives in Wales.

Commencement Information

I3 Reg. 9 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Duties on employers of road haulage workers to facilitate workforce testing E+W

10.—(1) Paragraph (2) applies where—

(a) an employer (“E”) employs more than 50 persons, and

(b) any person E employs must undertake workforce tests in accordance with regulation 9.

(2) E must take reasonable steps to facilitate the taking of those workforce tests.

(3) In discharge of the duty in paragraph (2), E must have regard to any guidance issued by the Welsh Ministers for the purposes of this regulation.

(4) For the purposes of this regulation—

(a) “employs” includes having responsibility for agency workers;

(b) a person has responsibility for agency workers if—

(i) the agency worker is supplied or to be supplied by a person (an “agent”) to the employer under a contract or other arrangements made between the agent and the employer, and

(ii) the agency worker is not—

(aa) a worker because of the absence of a worker’s contract between the agency worker and the agent or the employer, or

(bb) a party to a contract under which the agency worker undertakes to do the work for another party to a contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker.

Commencement Information

I4 Reg. 10 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Consequences of an inconclusive result E+W

11.—(1) This regulation applies where a person (“ P”) has taken a test in accordance with regulation 8 or regulation 9 and that test has returned an inconclusive result.

(2) Where the test was taken in accordance with regulation 8, P must, as soon as is reasonably practicable, arrange and undertake a further test which complies with the requirements of a day 2 test, with the exception of the requirement in regulation 8(5)(a).

(3) Where the test was taken in accordance with regulation 9, P must, as soon as is reasonably practicable, arrange and undertake a replacement workforce test.

Commencement Information

I5 Reg. 11 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

Consequences of a positive result E+W

12.—(1) Paragraph (2) applies where a test taken by a person (“ P”) in accordance with regulation 8, regulation 9 or regulation 11 returns a positive result.

(2) The Coronavirus Restrictions Regulations apply to P as if P had been notified by a contact tracer that P had tested positive for coronavirus.

(3) Where P’s positive result under paragraph (1)—

(a) came from a workforce test or replacement workforce test, and

(b) that workforce test or replacement workforce test was not a polymerase chain reaction test,

P must undertake a test that complies with the requirements of a day 2 test, with the exception of the requirement at regulation 8(5)(a).

(4) Where a test taken in accordance with paragraph (3) returns a negative result, paragraph (2) ceases to apply to P.

(5) “Contact tracer” has the meaning given in the Coronavirus Restrictions Regulations.

Commencement Information

I6 Reg. 12 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)