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The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020

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PART 3S

F1Requirement for travellers ... to stay in specified premisesS

6.—(1) [F2Paragraph (2) applies] where a person (“P”)—

[F3(a)arrives in Scotland from a non-exempt country or territory which is not an acute risk country or territory where P has not, within the preceding 10 days, departed from or transited through an acute risk country or territory,]

(b)arrives in Scotland from elsewhere within the common travel area F4... , and has within the preceding [F510 days] [F6departed from or transited through a non-exempt country or territory] [F7which is not an acute risk country or territory] [F8, F9...

(c)arrives in Scotland from—

[F10(i)an acute risk country or territory,]

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through [F11an acute risk] country or territory

where P’s arrival in the United Kingdom has been arranged under a UK refugee resettlement scheme] [F12, F13...

(d)arrives in Scotland from—

(i)an acute risk country or territory or

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through an acute risk country or territory,

where P meets the description in regulation 7A(3)(c),]

[F14[F15(e)is a child who arrives in Scotland from—

(i)an acute risk country or territory, or

(ii)elsewhere within the common travel area where P has, within the preceding 10 days, departed from, or transited through an acute risk country or territory, and

P is either—

(i)accompanied by an adult on arrival, but that adult ceases to accompany P before P travels to specified premises in accordance with paragraph (2), or

(ii)unaccompanied by an adult,]

(f)arrives in Scotland from—

[F16(i)an acute risk country or territory,]

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through [F17an acute risk] country or territory,

and has travelled to the United Kingdom for the purpose of receiving education at a [F18boarding school in the United Kingdom] at which education and accommodation is due to be provided for P.]

[F19(1ZA) Paragraph (2) also applies to a person who—

(a)is not otherwise required to comply with that requirement (by virtue of regulation 6(1) or regulation 7), and

(b)either—

(i)contravenes a requirement in regulation 5A(1), or

(ii)is a child in respect of whom the person responsible contravenes a requirement in regulation 5A(2).]

F20(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must, on their arrival in Scotland, travel without undue delay to specified premises in Scotland and, except to the extent that a defence would be available under regulation 9(6), must not leave those premises until whichever is the [F21later] of—

(a)the end of the [F22tenth day] after the day on which they [F23last departed from or transited through a non-exempt country or territory], or

[F24(b)the end of the period specified in regulation 5G or, as the case may be, 5H.]

[F25(2A) Where regulation 5H(2A) results in a shorter period than paragraph (2)(a), that shorter period applies.]

(3) For the purposes of this regulation, the “specified premises” are—

(a)unless paragraph (b) or (c) applies—

(i)an address specified in P's Passenger Locator Form [F26in accordance with paragraph 2(a) of schedule 1,] as required by regulation 3, where P [F27, or if P is a child any person who has responsibility for P,] has completed a Passenger Locator Form,

(ii)an address specified as the place they intend to stay for the duration of the period specified in paragraph (2) where P [F28, or if P is a child any person who has responsibility for P,] has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in England, Wales or Northern Ireland,

(iii)the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P is a person described in paragraph (1)(b) [F29, (e) or (f)] who has not completed a Passenger Locator Form or equivalent form as described in head (ii),

(iv)the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland, where P is a person described in paragraph 1 of schedule 2 (other than one described in [F30regulation 7(1)(c)]), or

(v)where it is not possible for P to stay at a place in accordance with paragraph (i) to (iv), in accommodation facilitated by the Secretary of State for P for the purposes of paragraph (2),

(b)where P is an asylum seeker [F31of at least 18 years of age], in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M1, F32...

(c)where P is a person described in paragraph 9(1) of schedule 10 of the Immigration Act 2016 M2 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph [F33, or

(d)where P is an unaccompanied child for whom it is not possible to stay at a place in accordance with paragraph (a)(i) to (iii), in accommodation provided or arranged by a local authority.]

(4) For the purposes of this regulation, where the specified premises are residential premises those premises include any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

[F34(4A) For the purposes of this regulation—

(a)“boarding school” means a school which—

(i)provides accommodation for its pupils on its own premises, or

(ii)arranges accommodation for its pupils to be provided elsewhere (other than in connection with a residential trip away from school),

(b)“school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.]

(5) Where P is a person described in [F35paragraph 37] of schedule 2, paragraph (3)(a)(i) applies with the modification that the address at which P intends to stay for the purposes of regulation 6(2) must be the named farm (within the meaning of [F35paragraph 37] of schedule 2).

[F36(5A) Where P is a person described in regulation 6(1)(f), paragraph (3)(a)(i) applies with the modification that the address at which P intends to stay for the purposes of regulation 6(2) must be the boarding school at which education and accommodation is due to be provided for P.]

F37(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) If P is a child, any person who has responsibility for the child must ensure, so far as reasonably practicable, that the child complies with this regulation.

[F38(7A) Where P is a person described in paragraph (1)(e) who travels to any specified premises referred to in paragraph (3)(a)(i) to (iii) in compliance with paragraph (2), any person who is sharing those premises with P must remain in the premises until the expiry of the period referred to in paragraph (2)(a), or the later of the periods referred to in paragraph (2)(b), depending on which of those periods applies to P.]

(8) Nothing in this regulation affects the operation of any requirement or restriction on P by virtue of schedule 21 of the Coronavirus Act 2020 M3 (powers relating to potentially infectious persons) or by virtue of an order made under Part 4 of the Public Health etc. (Scotland) Act 2008 M4.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Reg. 6 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M11999 c.33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c.41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c.13), and by paragraph 1 of schedule 11 of the Immigration Act 2016 (c.19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of schedule 10 of the Immigration Act 2016.

[F39Requirement for certain travellers to possess managed self-isolation packageS

6A.—(1) This regulation applies where a person (“P”) arrives in Scotland from—

[F40(a)an acute risk country or territory,] [F41or]

[F42(b)[F43an exempt country or territory, a non-exempt country or territory which is not an acute risk country or territory or elsewhere] within the common travel area where P has, at any time in the period beginning with the 10th day before the date of their arrival in Scotland, departed from or transited through an acute risk country or territory.]

F44(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P may only enter Scotland at one of the following ports—

(a)Aberdeen Airport,

(b)Edinburgh Airport,

(c)Glasgow Airport,

(d)any military airfield or port.

(3) Paragraph (2) does not apply to P where the aircraft on which P is travelling lands at an airport not mentioned in paragraph (2) for—

(a)a reason relating to the safety or security of the aircraft, or any person aboard it,

(b)any other emergency reason, or

(c)the reason that military personnel disembark at an airport not mentioned in paragraph (2).

(4) P must be in possession of a managed self-isolation package.

(5) The requirement in paragraph (4) may be complied with by P obtaining a managed self-isolation package either before P’s arrival in Scotland or immediately upon P’s arrival in Scotland.

(6) In this regulation, a “managed self-isolation package” means—

(a)a booking for a place in accommodation designated by the Scottish Ministers for the purposes of this regulation in relation to P’s port of arrival in Scotland,

(b)a booking for transport facilitated by the Scottish Ministers from P’s port of arrival in Scotland to the accommodation referred to in sub-paragraph (a), and

(c)a testing package within the meaning given in regulation 5C.

(7) If P is a child, any person who has responsibility for P when P is travelling to Scotland must ensure, so far as is reasonably practicable, that P complies with paragraph (4).

(8) The Scottish Ministers, or a person designated by the Scottish Ministers, may impose a charge for the managed self-isolation package and the Scottish Ministers—

(a)must publish details of such charges in such manner as they consider appropriate, and

(b)may recover any sum owed by P pursuant to such a charge as a debt.

Textual Amendments

Requirement for certain travellers to stay in managed accommodationS

6B.—(1) This regulation applies where a person (“P”) arrives in Scotland F45...—

[F46(a)from an acute risk country or territory, or]

[F47(b)from—

(i)elsewhere within the common travel area,

(ii)a non-exempt country or territory which is not an acute risk country or territory, or

(iii)an exempt country or territory,

where P has, at any time in the period beginning with the 10th day before the date of their arrival in Scotland, departed from or transited through an acute risk country or territory.]

F48(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must, on arrival in Scotland or, as the case may be, immediately after obtaining a managed self-isolation package, travel directly to the accommodation designated in the package using the means of transport designated in the package (where relevant) and, except to the extent that a defence would be available under regulation 9(7), P must not leave the place they are staying within that accommodation until whichever is the later of—

(a)the end of the 10th day after the day on which P arrived in Scotland, or

(b)the end of the period specified in regulation 5G or, as the case may be, 5H.

[F49(2A) Where regulation 5H(2A) results in a shorter period than paragraph (2)(a), that shorter period applies.]

(3) The place referred to in paragraph (2) means—

(a)the room in the designated accommodation where P is staying, including any balcony,

(b)if connected to the room where P is staying, the room of any person with whom P travelled to Scotland.

(4) The place referred to in paragraph (3) does not include the communal areas within the accommodation except to the extent that P requires to move through any such area in order to access any part of the place where P is staying.

(5) Where P is a child, any person who has responsibility for P during the period P is required to comply with paragraph (2) must ensure, so far as is reasonably practicable, that P complies with the requirement in that paragraph.

(6) A person (“B”), may reside in the place where P is residing pursuant to this Regulation in order to provide assistance P reasonably requires by reason of—

(a)P being a child, or

(b)any disability of P’s,

and paragraph (2) applies to B as it applies to P for the same period that it applies to P.

Textual Amendments

AppealsS

6C.—(1) While P is or would be required by regulation 6B(2) to stay in the accommodation designated in P’s managed self-isolation package, P may appeal to the sheriff or the summary sheriff against the requirement that P—

(a)possess a managed self-isolation package, or

(b)remain in the accommodation so designated.

(2) An appeal under paragraph (1) is to be made by way of summary application.

(3) The court must determine an appeal brought under paragraph (1) within 3 working days beginning with the day after the day on which the summary application was lodged with the court.

Textual Amendments

Modification of regulations 6A and 6B where P is a relevant personS

6D.—(1) Where P is a relevant person, the reference in regulation 6A(6) to a managed self-isolation package is to be read as a reference to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State or the Scottish Ministers consider appropriate, and regulations 6A and 6B are to be read accordingly.

(2) P is a relevant person if—

(a)P is—

(i)a person requiring urgent medical assistance,

(ii)a person on immigration bail,

(iii)a person who has been detained by an immigration officer,

(iv)a person who has been refused leave to enter the UK,

(v)an illegal entrant,

(vi)an asylum seeker,

(vii)a person who is in police custody,

(viii)a prisoner,

(ix)a potential victim of human trafficking,

(x)a person whose arrival in the United Kingdom has been arranged, for safeguarding or welfare reasons, by the Foreign, Commonwealth and Development Office,

(xi)a person whom the Scottish Ministers consider requires exceptional arrangements to be made on compassionate grounds, and

(b)the Secretary of State has, or the Scottish Ministers have, confirmed in writing that P is a relevant person, and that confirmation has not been withdrawn.]

Textual Amendments

Persons not required to comply with regulation 6S

7.—[F50(1)] [F51Subject to regulation 6(1ZA) F52...] the following persons are not required to comply with the [F53requirement in regulation 6(2)]—

(a)any person described in regulation 6(1)(b) who—

(i)has arrived from England, and

(ii)is in Scotland, temporarily, for a reason specified in regulation 9(6),

(b)any person who has arrived F54... in Scotland [F55from 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,

[F56(ba)an eligible vaccinated arrival, within the meaning given in regulation 2A.]

(c)any person described in paragraph 1(1)(a) to (k) of schedule 2 who meets the conditions set out in paragraph 1(2) of that schedule, F57... F58...

[F59(cza)any person described in paragraph 1A of schedule 2 (specified persons on official business),]

[F60(ca)any person described in paragraph 37 of schedule 2 where that person is required to work in fields or other property under the control of the farming enterprise, but only to the extent specified in that paragraph, F61...]

F62(cba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F63(cb)any international elite sportsperson described in paragraph 38 of schedule 2 but only to the extent specified in paragraph 38(4)(a) or any international ancillary sportsperson described in paragraph 38 of that schedule but only to the extent specified in paragraph 38(4)(b),

F64(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or]

(d)[F65subject to paragraph (2)] any person described in any other paragraph of schedule 2 [F66(including any person who is a domestic elite sportsperson [F67or a domestic ancillary sportsperson] within the meaning of paragraph 38 of that schedule)].

[F68(2) A person (“P”) described in any of the following paragraphs of schedule 2 is exempt from the requirement in regulation 6(2) when P is outside of the specified premises where P is staying in accordance with that regulation in order to travel directly to or from any place where P’s presence is required for the purposes of P’s work or activity (as the case may be), and when P is in attendance at that place—

(a)12,

(b)17 to 25,

(c)27 to 29 (except for paragraph 29(1)(b)),

(d)31 to 36A.

[F69(e)43.]

(3) Paragraph (2) does not apply to a person described in head (b) of paragraph 29(1) of schedule 2, but the requirements of that head apply to that person.]

Textual Amendments

F50Reg. 7 renumbered as reg. 7(1) (7.11.2020 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 22) Regulations 2020 (S.S.I. 2020/358), regs. 1(2), 2(4)(a) (with reg. 3)

Commencement Information

I2Reg. 7 in force at 8.6.2020, see reg. 1(2)

[F70Persons not required to comply with regulation 6A or 6BS

7A.—(1) The persons mentioned in paragraphs (2) and (3) are not required to comply with regulation 6A or 6B.

(2) A person who, by virtue of regulation 6(1), is required to comply with regulation 6(2).

(3) A person who arrives in Scotland from outside the common travel area F71... and who, at any time in the period beginning with the 10th day before the date of their arrival in Scotland, departed from, or transited through, an acute risk country or territory [F72or who is described in regulation 6A(1)(b)], where that person is—

(a)a person described in paragraph 1(1)(a) to (k) of schedule 2 and meets the conditions set out in paragraph 1(2) of that schedule,

(b)described in any of paragraphs 2(1), 3(1), F73[F74... 4C, F73... 4E(1),] 14(1), 14A(1), 15, 16, F75... 17 [F76or 30] of schedule 2.

[F77(ba)a person described in paragraph 4B(1) of schedule 2, unless the person has travelled to the United Kingdom to work, or has been repatriated to the United Kingdom after working, on board a cruise ship,

(bb)a person described in paragraph 4D of schedule 2, unless the person has travelled to the United Kingdom to work on board a cruise ship or after completing work on board a cruise ship,]

[F78(c)a person described in paragraph 38(1) of schedule 2, where that person has—

(i)travelled to Scotland having departed from, or transited through, an acute risk country or territory in order to participate in an event specified in Part 2 of schedule 3A, or

(ii)returned to Scotland having departed from, or transited through, an acute risk country or territory, where that person travelled to or transited through that acute risk country or territory in order to participate in an event specified in Part 2 of schedule 3A.]]

Textual Amendments

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