Legislation – The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021
PART 2Operator liability in respect of arrivals
Requirement to ensure passengers possess notification of negative test result7.
(1)
An operator must ensure that a passenger who arrives at a port in Scotland on a relevant service is in possession of a required notification.
(2)
A child is to be treated as possessing a required notification of a negative result from a qualifying test taken by that child if that notification is possessed by a person who is travelling with, and has responsibility for, that child.
(3)
Paragraph (1) does not apply in relation to a passenger—
(a)
whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement to possess notification of a negative test result or has a reasonable excuse for failing to comply with that requirement,
(b)
who is a child, travelling without a responsible individual, or
(c)
who is a transit passenger, who does not have the right to enter the country or territory from which the relevant service departs.
(4)
In this regulation, “transit passenger” means a person who has arrived in the country or territory from which the relevant service departs with the intention of passing through to Scotland without entering that country or territory.