Legislation – The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

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F1PART 3ATravel restrictions etc.

Restriction on international travel14A.

(1)

No person may, without a reasonable excuse—

(a)

leave Wales to travel to a destination outside the common travel area, or

(b)

travel to, or be present at, an embarkation point for the purpose of travelling from there to a destination outside the common travel area.

(2)

For the purposes of paragraph (1), a person has a reasonable excuse if—

(a)

the purpose for which the person is travelling to a destination outside the common travel area is reasonably necessary and there is no reasonably practicable alternative;

(b)

one of the circumstances in paragraph (4) applies.

(3)

Examples of purposes for which it may be reasonably necessary for a person to travel to a destination outside the common travel area include—

(a)

obtaining or providing medical assistance;

(b)

avoiding illness, injury or other risk of harm;

(c)

working or providing voluntary or charitable services;

(d)

meeting a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings;

(e)

providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;

(f)

in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(g)

moving home;

(h)

undertaking activities in connection with the purchase, sale, letting or rental of residential property;

(i)

accessing or receiving educational services.

(4)

The circumstances referred to in paragraph (2)(b) are that the person is—

(a)

providing or receiving emergency assistance;

(b)

attending a solemnization of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i)

as a party to the marriage, civil partnership or wedding, or

(ii)

as the carer of a party to the marriage, civil partnership or wedding;

(c)

attending a funeral—

(i)

as a person responsible for arranging the funeral,

(ii)

if invited by a person responsible for arranging the funeral, or

(iii)

as the carer of a person attending;

(d)

an elite athlete and is travelling for the purposes of training or competition;

(e)

providing coaching or other support to an elite athlete, or providing support at—

(i)

an elite sporting event, or

(ii)

a sporting event taking place outside the common travel area;

(f)

travelling to vote in an election.

(5)

Paragraphs (1) and (2) do not apply to a person referred to in Schedule 5A.

(6)

In this regulation, and in regulations 14B and 29—

(a)

“the common travel area” has the same meaning as in the Immigration Act 1971;

(b)

“embarkation point” means an international terminal or any other place in Wales from which a person may travel to a destination outside the United Kingdom.

International travel declaration form14B.

(1)

A person (“P”) who is present at an embarkation point for the purpose of travelling from there to a destination outside the common travel area must, if requested by an enforcement officer, provide the officer with a completed international travel declaration form.

(2)

The international travel declaration form must be in the form published by the Welsh Ministers and include the following information—

(a)

P’s full name,

(b)

P’s date of birth and nationality,

(c)

P’s passport number, or travel document reference number (as appropriate),

(d)

P’s home address,

(e)

P’s destination,

(f)

the reason P is travelling to a destination outside the common travel area,

(g)

a statement that P certifies that the information P provides is true, and

(h)

the date on which the declaration is completed.

(3)

Where P is travelling with a child or person who lacks capacity (“C”), for whom P has responsibility, P must, if requested by an enforcement officer, provide the officer with a completed international travel declaration form relating to C.

(4)

The obligation in paragraph (1) does not apply—

(a)

to C, or

(b)

to a person referred to in Schedule 5A.

(5)

In this regulation, a person lacks capacity if they lack capacity, within the meaning of section 2 of the Mental Capacity Act 2005, to complete the international travel declaration form.