- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/06/2021)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 30/06/2021.
There are currently no known outstanding effects for the The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020.
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1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020.
(2) These Regulations come into force at 12.01 a.m. on 8 June 2020.
Commencement Information
I1Reg. 1 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
2. In these Regulations—
“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1,
“
” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),“
” means COVID-19 (the official designation of the disease which can be caused by coronavirus),“international passenger service” means a commercial service by which passengers travel to a port in Scotland from outside the common travel area [F1or from the Republic of Ireland] on a vessel or aircraft,
[F2“the International Travel Regulations” means the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020,]
“operator” means operator of an international passenger service,
“port” means any port (including a seaport, airport or heliport), F3...
“required information” is the information specified in [F4schedule 1 and, where appropriate, schedule 2],
“vessel” means a vessel which is 24 metres or more in length.
Textual Amendments
F1Words in reg. 2 inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021 (S.S.I. 2021/74), regs. 1(2), 15(2) (with reg. 17)
F2Words in reg. 2 inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 3(2) (with reg. 9)
F3Words in reg. 2 omitted (30.10.2020) by virtue of The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 3(3) (with reg. 9)
F4Words in reg. 2 substituted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 3(4) (with reg. 9)
Commencement Information
I2Reg. 2 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
Marginal Citations
3.—(1) Subject to the following provisions of this regulation an operator must ensure that, a passenger who arrives at a port in Scotland on an international passenger service provided by the operator, was provided with the required information before the booking was made.
(2) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the service) the requirement in paragraph (1) is to be treated as complied with if the required information was provided to A F5... before the booking was made, along with a written request that A provide that information to the passenger, unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.
(3) Paragraph (1) applies only if the booking took place after these Regulations come into force.
Textual Amendments
F5Words in reg. 3(2) omitted (30.10.2020) by virtue of The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 4 (with reg. 9)
Commencement Information
I3Reg. 3 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
3A.—(1) Subject to paragraphs (2) and (3), an operator must ensure that a passenger who arrives at a port in Scotland on an international passenger service provided by the operator was provided with the required information between 24 and 48 hours prior to the scheduled departure time of that service.
(2) Paragraph (1) applies only where—
(a)a booking was made for the passenger to travel on the relevant service at least 48 hours prior to the scheduled departure time, and
(b)the booking was made on or after 30 October 2020.
(3) If another person (“X”) made the booking on behalf of the passenger (whether or not X is also a passenger on the service), the requirement in paragraph (1) is to be treated as complied with if the required information was provided to X between 24 and 48 hours prior to the scheduled departure time of the relevant service, along with a written request that X provide that information to the passenger, unless X considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.]
Textual Amendments
F6Reg. 3A inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 5 (with reg. 9)
4.—(1) Subject to the following provisions of this regulation an operator must ensure that, a passenger who arrives at a port in Scotland on an international passenger service provided by the operator, was provided with the required information at the time that the passenger was checked in to travel on that service.
(2) If another person (B) checked in on behalf of the passenger (whether or not B is also a passenger on the service) the requirement in paragraph (1) is to be treated as complied with if the required information was provided to B F7... at the time of check-in, along with a written request that B provide that information to the passenger, unless B considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.
(3) Paragraph (1) applies only if the check-in took place after these Regulations come into force.
Textual Amendments
F7Words in reg. 4(2) omitted (30.10.2020) by virtue of The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 6 (with reg. 9)
Commencement Information
I4Reg. 4 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
5. An operator must ensure that, every passenger who arrives at a port in Scotland on an international passenger service provided by the operator, has been provided with the required information before the vessel or aircraft arrives at that port..
Commencement Information
I5Reg. 5 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
6.—(1) An operator who fails to comply with regulations 3(1), [F8, 3A(1),] 4(1) or 5 is guilty of an offence when the international passenger service arrives at a port in Scotland.
[F9(2) An offence under paragraph (1) is punishable—
(a)on summary conviction, by a fine not exceeding the statutory maximum,
(b)on conviction on indictment, by a fine.]
(3) In relation to the requirement to provide the required information in regulation 3(1) [F10, 3A(1),] or 4(1) it is a defence for an operator to prove that—
(a)the booking or check-in process was not managed directly by the operator, and
(b)the operator took reasonable steps to ensure that the person managing the process would provide the required information at that booking [F11, pre-departure] or check-in time in the required manner.
(4) In relation to the requirement to provide the required information in regulation 5, it is a defence for an operator to prove that they had a reasonable excuse for failing to provide the required information.
(5) In paragraph (5) a “reasonable excuse” includes that a passenger who was not provided with the required information was, by virtue of age or mental capacity, unlikely to be able to understand the required information.
[F12(6) If, following the coming into force of any provision which amends the required information, an operator provides information to a passenger that would have complied with these regulations but for the coming into force of the amending provision, it is a defence for the operator to prove that it was not reasonably practicable for the amended required information to be provided.]
Textual Amendments
F8Word in reg. 6(1) inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 7(2) (with reg. 9)
F9Reg. 6(2) substituted (22.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel, Public Health Information and Pre-Departure Testing) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/34), regs. 1(2), 3(2) (with reg. 5(2))
F10Word in reg. 6(3) inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 7(3)(a) (with reg. 9)
F11Word in reg. 6(3)(b) inserted (30.10.2020) by The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (S.S.I. 2020/328), regs. 1(2), 7(3)(b) (with reg. 9)
F12Reg. 6(6) inserted (14.12.2020) by The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) Regulations 2020 (S.S.I. 2020/431), regs. 1(3), 4(2)
Commencement Information
I6Reg. 6 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
7.—(1) An offence can be committed under regulation 6(1) where the failure to provide the required information occurs wholly or partly outside Scotland.
(2) An operator may be prosecuted, tried and punished for an offence under regulation 6(1) upon the arrival of the international passenger service 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).
Commencement Information
I7Reg. 7 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
8. The Scottish Ministers must review the need for these Regulations at least once every [F1328 days], with the first review being carried out by 29 June 2020.
Textual Amendments
F13Words in reg. 8 substituted (19.12.2020 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No. 2) Regulations 2020 (S.S.I. 2020/444), regs. 1(2), 3
Commencement Information
I8Reg. 8 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
9.—(1) These Regulations expire [F14on 20 September 2021].
(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.
Textual Amendments
F14Words in reg. 9(1) substituted (20.3.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel etc.) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/158), regs. 1, 10 (with reg. 12)
Commencement Information
I9Reg. 9 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)
JEANE FREEMAN
A member of the Scottish Government
St Andrew's House,
Edinburgh
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