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 6Self-isolation

Part 6: persons not required to comply27.

(1)

Subject to regulation 26(1)(c), the following persons are not required to comply with regulation 26—

(a)

a person who—

(i)

has arrived from England, and

(ii)

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

(b)

a person who has arrived in Scotland from elsewhere within the common travel area in order to travel immediately onwards to—

(i)

another part of the United Kingdom, or

(ii)

elsewhere outside of the United Kingdom,

(c)

a person who enters the UK for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(i)

remains within their port of entry until their departure from Scotland, or

(ii)

travels directly from their port of entry to another port of departure in Scotland.

(d)

a person who is an eligible vaccinated arrival within the meaning of regulation 3,

(e)

a person described in paragraph 1(1)(a) to (k) of schedule 4 (diplomats etc.), where the conditions in paragraph 1(2) of that schedule are met,

(f)

a person described in paragraph 7 of schedule 4 (specified persons on official business),

(g)

a person described in paragraph 41 of schedule 4 (seasonal agricultural worker), but only—

(i)

if the person is staying at the named farm, within the meaning of that paragraph (and not in any other accommodation mentioned in regulation 26(6)), and

(ii)

while the person is carrying out the work or activities specified in that paragraph in fields or other property under the control of the farming enterprise,

(h)

an international elite sportsperson or an international ancillary sportsperson within the meaning of paragraph 42 of schedule 4, where that person is—

(i)

travelling directly to or from, or attending the location of, the specified competition or training for the specified competition (as the case may be), or

(ii)

travelling between different locations where the specified competition or training for the specified competition (as the case may be) is taking place,

(i)

a person described in any paragraph of schedule 4 mentioned in paragraph (2), but only where that person is—

(i)

travelling directly to or from any place where that person’s presence is required in connection with the work or activity (as the case may be) referred to in the relevant paragraph of schedule 4, or

(ii)

attending the location of that work or activity (as the case may be),

(j)

a person described in any paragraph of schedule 4 that is not otherwise mentioned in this regulation, including any person who is a domestic elite sportsperson or a domestic ancillary sportsperson within the meaning of paragraph 42 of that schedule.

(2)

The paragraphs of schedule 4 referred to in paragraph (1)(i) are—

(a)

4 (border security)

(b)

11 (in-flight security officers),

(c)

13 (civil aviation inspectors),

(d)

19 (extradition escorts),

(e)

20 to 28 (essential and emergency workers etc.),

(f)

30 to 34 (specialist technical and communications workers),

(g)

35 (except for paragraph 35(1)(b)) (persons with pre-arranged healthcare),

(h)

37 to 40 (healthcare workers etc.),

(i)

43 (Edinburgh International Festival worker).

(3)

Paragraph (2) does not apply to a person described in head (b) of paragraph 35(1) of schedule 4, but the requirements of that head apply to that person.