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

SCHEDULES

SCHEDULE 5COP 26 Representatives

Regulations 6(3), 18(3)and 25(3)

1.

A representative of a party to the United Nations Framework Convention on Climate Change, a party to the Kyoto Protocol or a party to the Paris Agreement who is, or is to be, a representative at the COP.

2.

A representative of an observer state who is, or is to be, a representative at the COP.

3.

A representative of the Executive Board of the Clean Development Mechanism who is, or is to be, a representative at a meeting hosted by the Executive Board forming part of the COP.

4.

An executive head of a specialized agency of the United Nations, or a person acting on their behalf, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.

5.

An officer of a specialized agency of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.

6.

An expert performing a mission for a specialized agency of the United Nations who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.

7.

An official of the Adaptation Fund, the Green Climate Fund or the Global Environment Facility who is, or is to be, a representative at the COP and who is essential to the participation of that organisation in the COP in order to enable that organisation to discharge, and report on, its mandate to—

(a)

the 26th session of the Conference of the Parties,

(b)

the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, or

(c)

the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement.

8.

An officer of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is participating in or performing official functions in connection with the COP.

9.

An expert, other than an officer of the United Nations, who is performing a mission on behalf of the United Nations in connection with the COP.

10.

A representative to an international organisation, within the meaning of paragraph 1(1)(e) of schedule 4, who is participating in or performing official functions in connection with the COP.

11.

In this schedule—

(a)

observer state” means an observer state referred to in—

(i)

paragraph 6 of Article 7 of the United Nations Framework Convention on Climate Change,

(ii)

paragraph 8 of Article 13 of the Kyoto Protocol, or

(iii)

paragraph 8 of Article 16 of the Paris Agreement,

(b)

the specialized agencies of the United Nations are—

(i)

the Food and Agriculture Organization,

(ii)

the International Civil Aviation Organization,

(iii)

the International Fund for Agricultural Development,

(iv)

the International Labour Organization,

(v)

the International Monetary Fund,

(vi)

the International Maritime Organization,

(vii)

the International Telecommunications Union,

(viii)

the United Nations Educational, Scientific and Cultural Organization,

(ix)

the United Nations Industrial Development Organization,

(x)

the Universal Postal Union,

(xi)

the World Bank, comprising—

(aa)

the International Bank for Reconstruction and Development,

(bb)

the International Development Association,

(cc)

the International Finance Corporation,

(dd)

the International Centre for Settlement of Investment Disputes, and

(ee)

the Multilateral Investment Guarantee Agency,

(xii)

the World Health Organization,

(xiii)

the World Intellectual Property Organization,

(xiv)

the World Meteorological Organization,

(xv)

the World Tourism Organization.