The Health Protection (Coronavirus) (Wales) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 308 (W. 68)

PUBLIC HEALTH, WALES

The Health Protection (Coronavirus) (Wales) Regulations 2020

Made at 3:15 p.m. on17March2020

Laid before the National Assembly for Wales at 5:30 p.m. on17March2020

Coming into force18March2020

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 45B, 45C, 45F and 45P of the Public Health (Control of Disease) Act 1984( 1).

In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, the National Assembly for Wales.

Title, commencement and application

1.—(1) The title of these Regulations is the Health Protection (Coronavirus) (Wales) Regulations 2020 and they come into force on 18 March 2020.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1984 Act” (“Deddf 1984”) means the Public Health (Control of Disease) Act 1984;

“child” (“plentyn”) means a person under the age of 18 years;

“Coronavirus” (“Coronafeirws”) means Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which causes the disease known as “COVID-19”;

“infected area” (“ardal heintiedig”) means any area (including a country) which the Secretary of State has declared, by notice published on www.gov.uk, as an area where there is known or thought to be sustained human-to-human transmission of Coronavirus, or from which there is a high risk of importation of infection or contamination (by Coronavirus) via travel from that area to the UK;

“isolation” (“ynysu”) in relation to a person means the separation of that person from any other person in such a manner as to prevent infection or contamination (with Coronavirus)—

(a) at a facility designated, by notice published on www.gov.wales, for the purposes of these Regulations by the Welsh Ministers;

(b) in that person's home;

(c) in a hospital;

(d) at another suitable place;

“medical officer” (“swyddog meddygol”) means a registered medical practitioner designated for the purposes of these Regulations by the Welsh Ministers;

“public health officer” (“swyddog iechyd cyhoeddus”) means a registered public health consultant or a person working within Public Health Wales under the oversight of a registered public health consultant;

“Public Health Wales” (“Iechyd Cyhoeddus Cymru”) means the Public Health Wales National Health Service Trust( 2);

“registered public health consultant” (“ymgynghorydd iechyd cyhoeddus cofrestredig”) means a professionally registered public health consultant working within Public Health Wales;

“responsible adult” (“oedolyn cyfrifol”) means, in relation to a child, a person with parental responsibility for the child (within the meaning of the Children Act 1989( 3)) or a person who has custody or charge of the child for the time being;

“screening requirements” (“gofynion ynglynâ sgrinio”) means the requirements set out in regulation 6(1).

(2) In these Regulations, a reference to infection or contamination( 4), however expressed, is a reference to infection or contamination by Coronavirus, and related expressions are to be construed accordingly.

(3) Other expressions used in these Regulations and in the 1984 Act have the same meaning as in that Act.

(4) The notice referred to in the definition of “isolation” in paragraph (1) must be followed, as soon as reasonably practicable, by publication of the notice in the London Gazette and in at least one newspaper circulating in Wales.

Serious and imminent threat declaration

3.—(1) These Regulations apply where the Welsh Ministers declare, by notice published on www.gov.wales, that the incidence or transmission of Coronavirus constitutes a serious and imminent threat to public health, and that the incidence or transmission of Coronavirus is at such a point that the measures outlined in these Regulations may reasonably be considered as an effective means of delaying or preventing the further, significant transmission of Coronavirus (“serious and imminent threat declaration”).

(2) The Welsh Ministers may revoke a serious and imminent threat declaration by way of a subsequent notice published on www.gov.wales.

(3) Before making a declaration under paragraph (1), or revoking a declaration under paragraph (2), the Welsh Ministers must have due regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Services of the Welsh Government.

(4) The publication of a notice under paragraph (2) does not affect the validity of any steps taken pursuant to these Regulations before the notice is published.

(5) A notice published under paragraph (1) or (2) must be followed, as soon as reasonably practicable, by publication of the notice in the London Gazette and in at least one newspaper circulating in Wales.

Detention of persons by the Welsh Ministers or a registered public health consultant

4.—(1) Where Condition A or B is met in relation to a person (“P”), the Welsh Ministers or a registered public health consultant may, for the purposes of screening, assessment and the imposition of any restrictions or requirements under regulation 5, impose on P a requirement to be detained until the later of—

(a) the end of the period of 48 hours beginning with the time from which P's detention under this regulation begins;

(b) such time as any screening requirements imposed on or in relation to P under regulation 5(1) have been complied with and the assessment referred to in that regulation carried out in relation to P.

(2) Condition A is that—

(a) the Welsh Ministers or registered public health consultant has reasonable grounds to believe that P is, or may be, infected or contaminated with Coronavirus, and

(b) the Welsh Ministers or registered public health consultant considers that there is a risk that P might infect or contaminate others.

(3) Condition B is that P—

(a) has arrived in Wales on an aircraft, ship or train from outside the United Kingdom, whether directly or via Northern Ireland, Scotland or England, and

(b) has left, or the Welsh Ministers or registered public health consultant has reasonable grounds to believe P has left, an infected area within the 14 day period immediately preceding the date of P's arrival in Wales.

(4) Where a special restriction or requirement is imposed under this regulation, the person imposing the restriction or requirement must express it to be contingent on the incidence or transmission of Coronavirus constituting a serious and imminent threat to public health as referred to in regulation 3.

Imposition of restrictions and requirements

5.—(1) Where Condition A or B (set out in regulation 4) is met in relation to a person (“P”), the Welsh Ministers or a registered public health consultant may—

(a) (orally or in writing) impose on or in relation to P one or more screening requirements to inform an assessment, by the Welsh Ministers or a registered public health consultant, of whether P presents or could present a risk of infecting or contaminating others,

(b) carry out such an assessment in relation to P, and

(c) following such an assessment, (orally or in writing) impose on or in relation to P any other restriction or requirement which the Welsh Ministers or, as the case may be, a registered public health consultant considers necessary for the purposes of removing or reducing the risk referred to in sub-paragraph (a), including a special restriction or requirement( 5).

(2) A decision to impose a restriction or requirement under paragraph (1) may only be taken if the Welsh Ministers or, as the case may be, registered public health consultant considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

(3) A restriction or requirement imposed under paragraph (1)—

(a) by the Welsh Ministers may be varied (orally or in writing) by the Welsh Ministers;

(b) by a registered public health consultant may be varied (orally or in writing) by the Welsh Ministers or a registered public health consultant.

(4) Where a restriction or requirement under paragraph (1)(c) is imposed on or in relation to a child, a person who is a responsible adult in relation to the child must secure that the child complies with the restriction or requirement, insofar as that person is reasonably able to do so.

(5) Where a restriction or requirement is imposed orally on a person under this regulation, or a restriction or requirement imposed under this regulation is orally varied, the person (or, in the case of a child, a person who is a responsible adult in relation to the child) must be provided with a written notification of the restriction or requirement that has been imposed or varied as soon as reasonably practicable.

(6) Where a special restriction or requirement is imposed under paragraph (1)(c), the person imposing the restriction or requirement must express it to be contingent on the incidence or transmission of Coronavirus constituting a serious and imminent threat to public health as referred to in regulation 3.

(7) Paragraph (1) does not affect the exercise of any powers by virtue of regulation 8.

Screening requirements

6.—(1) For the purposes of these Regulations, the screening requirements, in relation to a person (“P”) are requirements to the effect that P must—

(a) answer questions about P's health or other relevant circumstances (including travel history and information about other individuals with whom P may have had contact),

(b) produce any documents which may assist a registered public health consultant or public health officer in assessing P's health,

(c) at such time as a registered public health consultant may specify, allow a public health officer, or a medical officer, to take a biological sample of P, including a sample of P's respiratory secretions or blood, by...

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