The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

PART 1 S General

Citation and commencement S

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021.

(2) These Regulations come into force on 20 September 2021.

Commencement Information

I1 Reg. 1 in force at 20.9.2021, see reg. 1(2)

Interpretation: general S

2.—(1) In these Regulations—

F1 ...

F1 ...

[F2 “an arrival” means a person who arrives in Scotland from—

(a)

a country, territory or part of a country or territory which is not in the common travel area, or

(b)

elsewhere in the common travel area where that person has, within the preceding 10 days, departed from or transited through a country, territory or part of a country or territory which is not in the common travel area,]

“child” means a person under the age of 18,

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1 ,

“Conference of the Parties” means, except in relation to the Kyoto Protocol and the Paris Agreement, the Conference of the Parties to the United Nations Framework Convention on Climate Change,

“constable” has the meaning given in section 99(1) of the Police and Fire Reform (Scotland) Act 2012 M2 ,

“COP” means the conference convened by the Conference of the Parties, comprising—

(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,

(c)

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

(d)

all related pre-sessional meetings, sessions of subsidiary bodies and additional meetings, convened in the United Kingdom,

“COP World Leaders summit event” means—

(a)

the event organised by Her Majesty's Government between 1 and 2 November 2021 in connection with the COP,

(b)

any meeting connected with that event between representatives of states, territories or organisations which are represented at that event,

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus),

[F3 “cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights,]

“eligible vaccinated arrival” has the meaning given in regulation 3,

F1 ...

F1 ...

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of schedule 2 of the Immigration Act 1971 M3 ,

“Kyoto Protocol” means the Protocol to the United Nations Framework Convention on Climate Change signed in Kyoto on 11 December 1997 M4 ,

“managed isolation package” (other than in regulation 22) has the meaning given in regulation 20(6),

“Paris Agreement” means the agreement adopted at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change, signed in Paris on 12 December 2015 M5 ,

“passenger information” means the information specified in schedule 3 for the purposes of Part 2 of these Regulations (see regulation 4(2)) (requirement to provide passenger information),

“Passenger Locator Form” means the electronic form published by the Secretary of State for the provision of passenger information M6 ,

“port” means any port, and includes a seaport, airport or heliport),

“qualifying test” means a test that is a qualifying test for the purposes of Part 3 (see regulation 7(2)) (testing prior to arrival in Scotland),

“red list arrival” means a person who arrives in Scotland from—

(a)

a red list country, [F4 or]

(b)

[F5 another country, territory or part of a country or territory (whether or not within the common travel area) where that person has, within the preceding 10 days, departed from or transited through a red list country,]

“red list country” means a country, territory or part of a country or territory specified in schedule 1,

“relevant service” means a commercial transport service carrying passengers travelling to Scotland from outside the common travel area,

“specified competition” means a competition listed in schedule 6 for the purposes of regulations 25(1)(e) and 27(1)(h) and paragraph 42 of schedule 4,

“United Nations Framework Convention on Climate Change” means the United Nations Framework Convention on Climate Change adopted in New York on 9 May 1992 M7 .

(2) For the purposes of these Regulations, a person has responsibility for a child if the person has—

(a) custody or charge of the child for the time being, or

(b) parental responsibilities or parental rights in relation to the child (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) M8 .

(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from, or transiting through, a country or territory, or part of a country or territory if, at all times whilst in that country, territory or part thereof—

(a) P remains on a conveyance on which no other passenger is permitted to be taken on board, or

(b) P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that country, territory or part thereof.

[F6 (4) For the purposes of these Regulations, a person (“P”) on a cruise ship, including a crew member, is not treated as arriving in Scotland if P travels to Scotland but does not disembark from the cruise ship at any point while it is—

(a) moored at a port in Scotland, or

(b) in the territorial waters adjacent to Scotland.]

Textual Amendments

F1 Words in reg. 2(1) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(1)(a)(ii) (with reg. 17)

F2 Words in reg. 2(1) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(1)(a)(i) (with reg. 17)

F3 Words in reg. 2(1) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(1)(a)(iii) (with reg. 17)

F4 Word in reg. 2(1) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(1)(a)(iv)(aa) (with reg. 17)

F5 Words in reg. 2(1) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(1)(a)(iv)(bb) (with reg. 17)

F6 Reg. 2(4) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(1)(b) (with reg. 17)

Commencement Information

I2 Reg. 2 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M1 1971 c. 77. Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M2 2012 asp 8.

M3 1971 c. 77. Paragraph 1 was amended by paragraph 3 of schedule 3 of the Health Protection Agency Act 2004 (c. 17), and by S.I. 1993/1813.

M4 Cm. 6485.

M5 Cm. 9338.

M6 The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Scotland if not completed in advance; assistance will be available for completion of the electronic form if required.

M7 Cm. 2833.

M8 1995 c. 36. Section 1 was amended by paragraph 48 of schedule 6(2) of the Human Fertilisation and Embryology Act 2008 (c. 22). Section 2 was amended by paragraph 49 of schedule 6(2) of that Act.

Interpretation: eligible vaccinated arrivals S

3.—(1) A person (“P”) is an eligible vaccinated arrival if P—

[F7 (a) is not a red list arrival, and]

(b) meets any of the descriptions in paragraphs (2) to (7).

(2) P—

(a) has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of P's arrival in Scotland,

(b) received that course of doses in the United Kingdom or a relevant country,

(c) if the course of doses was received in the United States of America, is ordinarily resident in the United States of America,

(d) is able to provide proof, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, of meeting the requirement in sub-paragraph (a), through—

(i) [F8 certification in paper or electronic form] issued by NHS Scotland, or equivalent certification issued F9 ... by NHS England, NHS Wales or the Department of Health in Northern Ireland, including through the NHS COVID pass,

(ii) the EU Digital COVID certificate, F10 ...

(iii) the Centers for Disease Control and Prevention vaccination card [F11 , or

(iv) a vaccine certificate],

(e) is able to provide proof if requested by an immigration officer or the operator of the relevant service on which P travels to Scotland of meeting the requirement in subparagraph (c), and

(f) has declared on P's Passenger Locator Form that P has completed a course of doses of an authorised vaccine.

(3) P—

(a) has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004 M9 ,

(b) is able to provide proof of such participation if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, and

(c) has declared on P's Passenger Locator Form that P has participated, or is participating, in such a trial.

(4) P—

(a) has participated or is participating in a clinical trial regulated in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus,

(b) is able, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, to provide proof of such participation through the Centers for Disease Control and Prevention vaccination card,

(c) has declared on the Passenger Locator Form that P has completed a course of doses of an authorised vaccine, and

(d) is ordinarily resident in the United States of America and is able to provide proof of that residence if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland.

(5) P is—

(a) under the age of 18 on arrival in Scotland, and

(b) ordinarily resident in the United Kingdom or a relevant country.

(6) P—

(a) has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received before the start of the period beginning with the 14th day before the date of P's arrival in Scotland,

(b) is able to provide proof, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, of meeting the requirement in sub-paragraph (a), and

(c) has declared on P's Passenger Locator Form that P has completed a course of doses of a vaccine as described in sub-paragraph (a).

(7) P is—

(a) a dependant of a person described in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” in paragraph (11), and

(b) under the age of 18 on arrival in Scotland.

[F12 (7A) For the purposes of paragraph (2), where P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine.]

(8) For the purposes of paragraphs (2) and (6), P has completed a course of doses if P has received the complete course of doses specified—

(a) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b) in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc.) of the Human Medicines Regulations 2012 M10 for the authorised vaccine.

[F13 (8A) For the purposes of paragraph (6), where P has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.]

(9) For the purposes of paragraph (6), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(10) For the purposes of this regulation, a child is to be treated as making a declaration on the Passenger Locator Form, and possessing any evidence required if that declaration is made, and that evidence possessed, by a person who is travelling with, and has responsibility for, that child.

(11) In this regulation—

[F14 “authorised vaccine” means a medicinal product for vaccination against coronavirus which—

(a)

in relation to doses received in the United Kingdom, is authorised—

(i)

for supply in the United Kingdom in accordance with a marketing authorisation, or

(ii)

by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc.),

(b)

in relation to doses received in a relevant country listed in paragraph (12), is authorised for supply in that country following evaluation by the relevant regulator for that country,

(c)

in relation to doses received in a relevant country listed in schedule 1A (relevant countries), is authorised in the United Kingdom in accordance with head (i) or (ii) of paragraph (a),]

“clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 (interpretation),

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M11 ,

“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989,

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012,

“marketing authorisation”—

(a)

in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012,

(b)

in relation to a vaccine authorised for supply in a relevant country [F15 listed in the table in paragraph (12)] other than a member State, means a marketing authorisation granted by the relevant regulator for the country,

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012,

“NHS COVID pass” means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State, through NHS.uk,

“NHS England” means the health service continued under section 1(1) of the National Health Service Act 2006 M12 ,

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978 M13 ,

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 M14 ,

“relevant country” means a country listed in the first column of the table in paragraph (12) [F16 or a country listed in schedule 1A (relevant countries)],

“relevant regulator”, in relation to a relevant country [F17 listed in the table in paragraph (12)], means the regulator identified in the corresponding row of the second column of the table in paragraph (12), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organisation pursuant to the operation of the COVAX Facility M15 ,

“United Kingdom vaccine roll-out overseas” means the administration of vaccine against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man as part of a programme agreed in the overseas territory, any of the Channel Islands or the Isle of Man with the United Kingdom government, or

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services [F18 ,

“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of a relevant country which contains—

(a)

P’s full name,

(b)

P’s date of birth,

(c)

the name and manufacturer of the vaccine that P received,

(d)

the date that P received each dose of the vaccine, and

(e)

details of either the identity of the issuer of the certificate or the country of vaccination, or both].

(12) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Relevant country	Relevant regulator
a member State	European Medicines Agency
Andorra	European Medicines Agency
Iceland	European Medicines Agency
[F19 Australia	The Therapeutic Goods Administration
Canada	Health Canada]
Liechtenstein	European Medicines Agency
Monaco	European Medicines Agency
Norway	European Medicines Agency
San Marino	European Medicines Agency
Switzerland	Swissmedic
the United States of America	United States Food and Drug Administration
Vatican City State	European Medicines Agency

Textual Amendments

F7 Reg. 3(1)(a) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(a) (with reg. 17)

F8 Words in reg. 3(2)(d)(i) substituted (30.9.2021) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/343), regs. 1, 2(2)(a)

F9 Words in reg. 3(2)(d)(i) omitted (30.9.2021) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/343), regs. 1, 2(2)(b)

F10 Word in reg. 3(2)(d)(ii) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(b)(i) (with reg. 17)

F11 Reg. 3(2)(d)(iv) and word inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(b)(ii) (with reg. 17)

F12 Reg. 3(7A) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(c) (with reg. 17)

F13 Reg. 3(8A) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(d) (with reg. 17)

F14 Words in reg. 3(11) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(e)(i) (with reg. 17)

F15 Words in reg. 3(11) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(e)(ii) (with reg. 17)

F16 Words in reg. 3(11) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(e)(iii) (with reg. 17)

F17 Words in reg. 3(11) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(e)(iv) (with reg. 17)

F18 Words in reg. 3(11) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(e)(v) (with reg. 17)

F19 Words in reg. 3(12) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 3(2)(f) (with reg. 17)

Commencement Information

I3 Reg. 3 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M9 S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

M10 S.I. 2012/1916.

M11 1989 c. 6. Section 12 was amended by paragraph 22 of schedule 10 of the Reserve Forces Act 1996 (c. 14), by paragraph 30 of schedule 12 of the Government of Wales Act 1998 (c. 38), by paragraph 26 of schedule 8 of the Scotland Act 1998 (c. 46), by paragraph 9(3) of schedule 13 of the Northern Ireland Act 1998 (c. 47), by paragraph 9 of schedule 6 of the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of schedule 14 of the Energy Act 2004 (c. 20), by paragraph 58 of schedule 4 of the Serious Organised Crime and Police Act 2005, by paragraph 34 of schedule 10, and paragraph 1 of schedule 12, of the Government of Wales Act 2006 (c. 32), and by paragraph 36 of schedule 8 of the Crime and Courts Act 2013 (c. 22).

M12 2006 c. 41.

M13 1978 c. 29.

M14 2006 c. 42.

M15 A list of the national regulatory authorities designated as Stringent Regulatory Authorities has been published by the World Health Organization and is available online at

https://extranet.who.int/pqweb/sites/default/files/documents/Product-Eligibility_COVAX-Facility_Dec2020_0.pdf.