Legislation – The Health Protection (Coronavirus, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021
Amendment of the Operator Liability Regulations3.
(1)
Part 3 of the Operator Liability Regulations (operator liability in respect of arrivals) is amended as follows.
(2)
In regulation 4 (interpretation),
(a)
in the definition of “authorised person”, for “means” substitute “, other than in regulation 5B, means”;
(b)
in the appropriate place, insert ““notification of post arrival testing arrangements” (“ystyr “hysbysu am drefniadau profion ar ôl cyrraedd”) means notification of the arrangements made in accordance with regulation 6B of the International Travel Regulations for a passenger to undertake tests for the detection of coronavirus”;
(c)
in the definition of “operator”, for “means” substitute “, other than in regulation 5B, means”;
(d)
“relevant passenger” (“teithiwr perthnasol”) means—
(a)
a passenger who, without reasonable excuse fails—
- (i)
to produce a valid notification of a negative result from a qualifying test when requested to do so by an immigration officer pursuant to regulation 6A(2) of the International Travel Regulations, or
- (ii)
to provide a test reference number or other evidence that tests for the detection of coronavirus have been arranged in respect of the passenger to an immigration officer pursuant to regulation 6B(8) of the International Travel Regulations, or
(b)
arrives in a port in Wales in contravention of regulation 12E(1) of the International Travel Regulations;”.
(3)
“Requirement to ensure passengers possess notification of post arrival testing arrangements5A.
(1)
An operator must ensure that a passenger who arrives in Wales on an international passenger service is in possession of a notification of post arrival testing arrangements.
(2)
Paragraph (1) does not apply in relation to a passenger—
(a)
whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement in regulation 6B of the International Travel Regulations (requirement to arrange tests before arriving in Wales) or has a reasonable excuse for failing to comply with that requirement; or
(b)
who is a child, travelling without a responsible individual.
Requirement to ensure that certain passengers do not arrive at ports in Wales5B.
(1)
An operator must take all reasonable steps to ensure that a Schedule 3A passenger does not arrive on a relevant transport service to a port in Wales.
(2)
Paragraph (1) does not apply where—
(a)
it is necessary for a pilot in command of an aircraft to land the aircraft by means of which the transport service is provided in Wales to secure—
(i)
the safety or security of the aircraft, or
(ii)
the safety of any person aboard the aircraft;
(b)
an aircraft is an air ambulance and it lands in Wales for the purposes of transporting a person for medical treatment;
(c)
the pilot in command of an aircraft is instructed by an authorised person to land the aircraft in Wales.
(3)
In this regulation—
“authorised person” (“person awdurdodedig”) means—
(a)
a constable,
(b)
the Civil Aviation Authority,
(c)
the Secretary of State, or
(d)
a person authorised by the Civil Aviation Authority or the Secretary of State under the Air Navigation Order 20164;“operator” (“gweithredwr”), in relation to a transport service provided by means of an aircraft, has the meaning given in article 4 of the Air Navigation Order 2016;
“pilot in command” (“peilot sydd â rheolaeth”) and “private aircraft” (“awyren breifat”) have the meaning given in the Air Navigation Order 2016 (see Schedule 1 to that Order);
“relevant transport service” (“gwasanaeth trafnidiaeth perthnasol”), in relation to an operator, means a transport service provided by or on behalf of that operator;
“Schedule 3A passenger” (“teithiwr Atodlen 3A”) means a person who has been in a country or territory listed in Schedule 3A to the International Travel Regulations and who is not a person to whom regulation 12E(2) and (3) of those regulations applies;
“transport service” (“gwasanaeth trafnidiaeth”) means—
(a)
an international passenger service,
(b)
a service (other than an international passenger service) which—
- (i)
is carrying passengers travelling to Wales from outside the common travel area (whether for payment or valuable consideration or otherwise), and
- (ii)
is provided by means of an aircraft (other than a private aircraft), or
(c)
a flight which —
- (i)
is carrying passengers travelling to Wales from outside the common travel area (whether for payment or valuable consideration or otherwise), and
- (ii)
is provided by means of a private aircraft.”
(4)
In regulation 6 (offences),—
(a)
“(1)
An operator who fails to comply with a requirement in—
(a)
regulation 5(1),
(b)
regulation 5A(1), or
(c)
regulation 5B(1),
commits an offence.”;
(b)
in paragraph (3), for “(1)” substitute “(1)(a)”;
(c)
“(4)
In relation to an offence in paragraph (1)(b), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know that a notification of post arrival testing arrangements provided in respect of a relevant passenger was false or incorrect in any respect.
(5)
In relation to an offence in paragraph (1)(c), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a relevant passenger was a Schedule 3A passenger.”
(5)
In regulation 9 (power to use and disclose information), in paragraph (2)(a), for “6A” substitute “6A, 6B or 12E(1)”.
(6)
In regulation 10 (review), for “regulation 5” substitute “regulations 5, 5A and 5B”.