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

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F1Requirement for travellers ... to stay in specified premisesS

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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—

(i)has not, within the preceding 10 days, departed from or transited through an acute risk country or territory, and

(ii)is a person described in any paragraph of schedule 2 (subject to  regulation 7),]

(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—

(i)outside the common travel area, or

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through a non-exempt country or territory

where P’s arrival in the United Kingdom has been arranged under a UK refugee resettlement scheme] [F10, F11...

(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),]

[F12(e)is a child who arrives in Scotland from—

(i)outside the common travel area, or

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through a non-exempt country or territory, and—

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

(ab)is unaccompanied by an adult,

(f)arrives in Scotland from—

(i)outside the common travel area, or

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through a non-exempt country or territory,

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

[F13(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).]

F14(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 [F15later] of—

(a)the end of the [F16tenth day] after the day on which they [F17last departed from or transited through a non-exempt country or territory], or

[F18(b)the end of the period specified in regulation 5G or, as the case may be, 5H.]

[F19(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 [F20in accordance with paragraph 2(a) of schedule 1,] as required by regulation 3, where P [F21, 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 [F22, 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) [F23, (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 [F24regulation 7(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 [F25of 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, F26...

(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 [F27, 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.

[F28(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 [F29paragraph 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 [F29paragraph 37] of schedule 2).

[F30(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.]

F31(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.

[F32(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.

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