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

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Introduction

PART 1
Pre-Departure Testing

3 Amendment of the International Travel Regulations

4 Saving provision

PART 2
Operator liability in respect of arrivals

5 Interpretation

6 Requirement to ensure passengers have completed a Passenger Locator Form

7 Requirement to ensure passengers possess notification of negative test result

8 Offences

9 Extra-territorial jurisdiction

10 Power to use and disclose information

11 Review

12 Expiry

Signature

Explanatory note

PART 2Operator liability in respect of arrivals

Extra-territorial jurisdiction9.

(1)

An offence can be committed under regulation 6(1) where the failure to ensure that a passenger who arrives at a port in Scotland on a relevant service has completed a Passenger Locator Form occurs wholly or partly outside Scotland.

(2)

An offence can be committed under regulation 7(1) where the failure to ensure that a passenger who arrives at a port in Scotland on a relevant service is in possession of a required notification occurs wholly or partly outside Scotland.

(3)

An operator may be prosecuted, tried and punished for an offence under regulation 6(1) or 7(1) upon the arrival of the relevant service in Scotland—

(a)

in the sheriff court district within which the port of arrival is located, or

(b)

in such other sheriff court district as the Lord Advocate may direct,

as if the offence has been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district).