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

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Introduction

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

24 Appeals

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

50 Expiry

51 Revocations

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

Signature

Explanatory note

PART 2Passenger Information

Part 2: persons not required to comply6.

(1)

Subject to paragraphs (2) and (3), a person (“P”) is not required to comply with this Part where P is—

(a)

a child and that child’s passenger information has been provided under regulations 4 or 5 (requirements to provide and update passenger information) by another person,

(b)

a person who—

(i)

has arrived from England, and

(ii)

is in Scotland, temporarily, for a reason specified in regulation 32(2)(a) to (j),

(c)

a person described in any of the following paragraphs of schedule 4—

(i)

paragraphs 1 to 4 or 7 (Crown servants, government contractors etc.), or

(ii)

paragraph 14 (Channel Tunnel system workers),

(d)

a member of the family forming part of the household of a person falling within paragraph 7 of schedule 4,

(e)

a person described in of the following paragraphs of schedule 4—

(i)

paragraph 8 (road passenger transport worker),

(ii)

paragraph 9 (seamen and masters etc.),

(iii)

paragraph 10 (aircraft crew), or

(iv)

paragraph 12 (tunnel system transport workers),

where the condition in paragraph 16 of that schedule is met.

(2)

Paragraphs (1)(b) to (e) do not apply where P is a red list arrival except in the case of a person described in paragraph 1(1) of schedule 4.

(3)

Notwithstanding paragraph (1), P is required to comply with this Part if—

(a)

P is a person described in paragraph 1(3) of schedule 4, who is attending the COP, and

(b)

P is not—

(i)

a person invited by Her Majesty’s Government to attend both the COP World Leaders summit event and the COP,

(ii)

a person described in schedule 5 (COP representatives).