Legislation – The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021
PART 8Duties on operators
Extra-territorial jurisdiction46.
(1)
An offence can be committed under regulation 45(1) (provision of information) where the failure to provide the required information occurs wholly or partly outside Scotland.
(2)
An offence can be committed under regulation 45(2)(a) or (b) 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.
(3)
An offence can be committed under regulation 45(2) (c) to (e) where the failure to ensure that a passenger who arrives at a port in Scotland on a relevant service has completed the information in a Passenger Locator form as required by any of those regulations occurs wholly or partly outside Scotland.
(4)
An offence can be committed under regulation 45(2)(f) where the failure to ensure that a passenger who arrives at a port in Scotland on a relevant service is in possession of a coronavirus notification occurs wholly or partly outside Scotland.
(5)
An offence can be committed under regulation 45(2)(g) where the failure to take all reasonable steps to ensure that no passenger required to comply with Part 6 enters Scotland except at a port in accordance with regulation 20(1) occurs wholly or partly outside Scotland.
(6)
An operator may be prosecuted, tried and punished for an offence under regulation 45(1) or (2) upon the arrival of the international passenger service or relevant service, as the case may be, 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).