Legislation – The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020

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Introduction

PART 1
General

1 Citation and commencement

2 Interpretation

PART 2
Requirement to provide information

3 (1) This regulation applies where a person (“P”) arrives in…

4 Requirement to update passenger information

5 Passenger information: offences and penalties

PART 3

6 Requirement for travellers to stay in specified premises

7 Persons not required to comply with regulation 6

PART 4
Enforcement of Part 3

8 Enforcement of requirement in regulation 6(2)

9 Offences and penalties – Parts 3 and 4

10 Penalties for offences under regulation 9

11 Fixed penalty notices

12 Fixed penalty notices – penalty amounts

PART 5
Information sharing

13 Power to use and disclose information

PART 6
Review and expiry of Regulations

14 Review of need for restrictions

15 Expiry of Regulations

SCHEDULES

SCHEDULE 1 Passenger information

SCHEDULE 2 Persons not required to comply with regulation 3 or regulation 4

Signature

Explanatory note

PART 1General

Citation and commencement1.

(1)

These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.

(2)

These Regulations come into force on 8 June 2020.

Interpretation2.

(1)

In these Regulations—

“child” means a person under the age of 16,

“common travel area” has the meaning given in section 1(3) of the Immigration Act 19712,
“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 20123,

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

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of schedule 2 of the Immigration Act 19714,

“information offence” means an offence under regulation 5(1) or (2) or an offence under regulation 9(4) where the person is believed to have intentionally obstructed an immigration officer carrying out a function in relation to Part 2,

“passenger information” means the information specified in schedule 1, and

“Passenger Locator Form” means the electronic form published by the Secretary of State for the provision of passenger information5.

(2)

For the purposes of these Regulations, an individual has responsibility for a child if the individual has—

(a)

custody or charge of the child for the time being, or

(b)

parental responsibilities or parental rights in relation to the child (see sections 1(3) and 2(4) of the Children (Scotland) Act 1995)6.
2

1971 c.77. Section 1(3) 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”.

4

1971 c.77. Paragraph 1 was amended by paragraph 3 of schedule 3 of the Health Protection Agency Act 2004 (c.17), and by S.I. 1993/1813.

5

The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Scotland if not completed in advance; assistance will be available for completion of the electronic form if required.

6

1995 c.36. Section 1 was amended by paragraph 48 of schedule 6(2) of the Human Fertilisation and Embryology Act 2008 (c.22). Section 2 was amended by paragraph 49 of schedule 6(2) of the Human Fertilisation and Embryology Act 2008.