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 3Testing prior to arrival in Scotland

Qualifying test and valid notification9.

(1)

A test complies with this regulation if—

(a)

it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i)

a sensitivity of at least 80%,

(ii)

a specificity of at least 97%, and

(iii)

a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b)

it is not a test provided or administered under—

(i)

the National Health Service (Scotland) Act 197819,

(ii)

the National Health Service Act 200620,

(iii)

the National Health Service (Wales) Act 200621, or

(iv)

the Health and Personal Social Services (Northern Ireland) Order 197222, and

(c)

the test sample is taken from the person no more than 3 days before—

(i)

in the case of that person travelling to Scotland on a commercial transport service, the service’s scheduled time of departure, or

(ii)

in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to Scotland.

(2)

Notification of a negative test result must include, in English, French or Spanish, the following information—

(a)

the name of the person from whom the sample was taken,

(b)

that person’s date of birth or age,

(c)

the negative result of the test,

(d)

the date the test sample was collected or received by the test provider,

(e)

the name of the test provider and information sufficient to contact that provider, and

(f)

the name of the device that was used for the test.