Legislation – The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021

PART 2Operator liability in respect of arrivals

Interpretation5.

In this Part—

“child” means a person under the age of 18,

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 197110,

“operator” means operator of a commercial transport service,

“passenger” means a person travelling on a conveyance who is not a member of the conveyance’s crew,

“Passenger Locator Form” has the meaning given in regulation 2(1) (interpretation) of the International Travel Regulations,

“port” means any port (including a seaport, airport or heliport),

“qualifying test” means a test that is a qualifying test for the purposes of regulation 5A of the International Travel Regulations,

“relevant passenger” means a passenger who fails, without reasonable excuse—

(a)

to provide evidence of having provided passenger information when requested to do so by an immigration officer pursuant to regulation 3(5) (requirement to provide information) of the International Travel Regulations, or

(b)

to produce a required notification when requested to do so by a constable or an immigration officer pursuant to regulation 5A(3) of the International Travel Regulations,

“relevant service” means a commercial transport service carrying passengers travelling to Scotland from outside the common travel area,

“required notification” means a valid notification of a negative test result from a qualifying test for the purposes of regulation 5A of the International Travel Regulations taken by—

(a)

the person in possession of that notification, or

(b)

a child and treated as being in their possession by virtue of paragraph (2) of regulation 7, and

“responsible individual” means an individual who has—

(a)

charge or care 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 199511.