Legislation – The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

PART 1
General

1 Citation and commencement

2 Interpretation: general

3 Interpretation: eligible vaccinated arrivals

PART 2
Passenger Information

4 Requirement to provide passenger information

5 Requirement to update passenger information

6 Part 2: persons not required to comply

PART 3
Testing prior to arrival in Scotland

7 Part 3: interpretation

8 Requirement to possess notification of negative test result

9 Qualifying test and valid notification

10 Part 3: persons not required to comply

PART 4
Testing following arrival in Scotland

11 Part 4: application and interpretation

12 Requirement to possess testing package

13 Requirement to provide information

14 Requirement to undertake tests

15 Requirement to self-isolate on failure to undertake a test

16 Consequences of test results

17 Charge for testing package

18 Part 4: persons not required to comply

PART 5
Managed isolation

19 Part 5: application

20 Requirement to enter Scotland at a designated port and possess a managed isolation package

21 Requirement to stay in managed accommodation

22 Modification of regulations 20 and 21: relevant persons

23 Charge for managed isolation package

25 Part 5: persons not required to comply

PART 6
Self-isolation

26 Requirement to stay in specified premises

27 Part 6: persons not required to comply

PART 7
Parts 2 to 6: enforcement

28 Part 2 (information): offences and penalties

29 Part 3 (testing before arrival in Scotland): offences and penalties

30 Part 4 (testing following arrival in Scotland): offences and penalties

31 Part 5 (managed isolation): offences and penalties

32 Part 6 (self-isolation): offences and penalties

33 Powers of direction and removal

34 Further offences and penalties

35 Fixed penalty notices

36 Fixed penalty notices: penalty amounts

PART 8
Duties on operators

37 Part 8: Interpretation

38 Provision of information before booking

39 Provision of information between 24 and 48 hours before scheduled departure

40 Provision of information before check-in

41 Provision of information during journey

42 Requirement to ensure passengers have completed a Passenger Locator Form

43 Requirement to ensure passengers possess notification of a negative test result

44 Requirement to ensure that certain passengers arrive only at certain ports

45 Part 8: offences and penalties

46 Extra-territorial jurisdiction

PART 9
Information sharing

47 Power to use and disclose information

48 Meaning of “relevant information”

PART 10
Review, expiry, revocations, transitionals and savings

49 Review of need for restrictions

52 Transitional and savings provisions

SCHEDULES

SCHEDULE 1 Red list countries

SCHEDULE 2 Green list countries

SCHEDULE 3 Passenger Information

SCHEDULE 4 Exemptions

SCHEDULE 5 COP 26 Representatives

SCHEDULE 6 Specified competitions

SCHEDULE 7 Operators: required information

SCHEDULE 8 Passenger notices

SCHEDULE 9 Revocations

SCHEDULE 10 Transitional provisions

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

PART 7Parts 2 to 6: enforcement

Further offences and penalties34.

(1)

It is an offence for a person to contravene a requirement imposed in or under regulation 33 (powers of direction and removal).

(2)

It is an offence for a person to provide false or misleading information for the purposes of Parts 5, 6 or 7 where that person—

(a)

knows that the information is false or misleading,

(b)

is reckless as to whether the information is false or misleading.

(3)

A person who deliberately obstructs any person carrying out a function under these Regulations commits an offence.

(4)

It is a defence to a charge of committing an offence under paragraphs (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse.

(5)

A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.