Legislation – The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021
PART 6Self-isolation
Requirement to stay in specified premises26.
(1)
Subject to regulation 27 (persons not required to comply), this regulation applies to a person (“P”) who is—
(a)
an amber list arrival,
(b)
a red list arrival described in—
(i)
regulation 25(1)(e) (elite sportsperson) (subject to regulation 27(1)(h)),
(ii)
regulation 25(1)(f), (refugee),
(iii)
regulation 25(1)(g), (unaccompanied child),
(iv)
regulation 25(1)(h) (boarding school pupil),
(v)
subject to regulation 27(1)(i), the following paragraphs of schedule 4—
(aa)
paragraph 4 (border security),
(bb)
paragraph 11 (in-flight security officer), or
(cc)
paragraph 19 (extradition), or
(c)
not otherwise required to comply with this regulation (by virtue of sub-paragraphs (a) or (b) as read with regulation 27), and either—
(i)
contravenes a requirement in regulation 8(2) (notification of negative test result), or
(ii)
is a child in respect of whom the person responsible contravenes a requirement in regulation 8(3).
(2)
P must, on arrival in Scotland, travel without undue delay to specified premises in Scotland and, except to the extent that a defence would be available under regulation 32(2), must not leave those premises until whichever is the later of the end of the—
(a)
10th day after the day on which they last departed from or transited through an amber list country or, as the case may be, a red list country, or
(b)
relevant period specified in regulation 15(3) or, as the case may be, 16(1)(b), (3), (5) or (6).
(3)
Where regulation 16(3) results in a shorter period than that specified in paragraph (2)(a), that shorter period applies.
(4)
For the purposes of this regulation, the “specified premises” are—
(a)
unless paragraph (b), (c) or (d) applies—
(i)
an address specified in P’s Passenger Locator Form in accordance with paragraph 2(a) of schedule 3, as required by regulation 4, where P, or if P is a child any person who has responsibility for P, has completed a Passenger Locator Form,
(ii)
an address specified as the place P intends to stay for the duration of the period referred to in paragraph (2) where P, or if P is a child any person who has responsibility for P, has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in England, Wales or Northern Ireland,
(iii)
the premises at which P intends to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P has not completed a Passenger Locator Form or equivalent form as described in head (ii),
(iv)
the premises at which P intends to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P is a person described in paragraph 1 of schedule 4 (other than one described in regulation 27(1)(e)), or
(v)
where it is not possible for P to stay at a place in accordance with heads (i) to (iv), in accommodation facilitated by the Secretary of State for P for the purposes of paragraph (2),
(b)
(c)
(d)
(5)
For the purposes of this regulation, where the specified premises are residential premises those premises include any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
(6)
Where P is a person described in paragraph 41 of schedule 4 (seasonal agricultural worker), paragraph (4)(a) applies with the modification that the address at which P intends to stay for the purposes of this regulation must be—
(a)
the named farm (within the meaning of paragraph 41 of schedule 4), or
(b)
where it is not possible to stay at the named farm, the accommodation which the employer or farming enterprise concerned has provided or arranged for P for the purposes of this regulation.
(7)
Where P is a red list arrival mentioned in regulation 25(1)(h) (boarding school pupil), paragraph (4)(a) applies with the modification that the address at which P intends to stay for the purposes of this regulation must be the boarding school at which education and accommodation is due to be provided for P.
(8)
Where P is a child, any person who has responsibility for P must ensure, so far as reasonably practicable, that P complies with this regulation.
(9)
Where P is a red list arrival mentioned in regulation 25(1)(g) (unaccompanied child) who travels to any specified premises referred to in paragraph (4)(a)(i) to (iii) in compliance with paragraph (2), any person who is sharing those premises with P must remain in the premises until the expiry of the period referred to in paragraph (2)(a), or the later of the periods referred to in paragraph (2)(b), depending on which of those periods applies to P.