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 “COVID-19 vaccination eligibility criteria” means the conditions in any of [F4 regulations 3B to 3H],]

[F5 “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 [F6 , subject to paragraph (6) of this regulation,] the meaning given in [F7 regulation 3A],

[F8 “EU Digital COVID Certificate” means a certificate of COVID-19 records issued by either a member state of the European Union, European Economic Area or the European Free Trade Association, or a European microstate,]

[F8 “European microstate” means Andorra, Liechtenstein, Monaco, San Marino, the Sovereign Order of St John or the Vatican City State,]

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 [F9 , subject to paragraph (6) of this regulation,] a person who arrives in Scotland from—

(a)

a red list country, [F10 or]

(b)

[F11 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.

[F12 (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.]

[F13 (5) Schedule 5A (COP 26) contains provisions relating to the COP and the COP World Leaders summit event, and these Regulations are to be read subject to the specific provisions of schedule 5A.]

[F14 (6) A person who arrives in Scotland between 11.59 a.m. on 26 November 2021 and 4 a.m. on 27 November 2021 from—

(a) a red list country, or

(b) 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,

is not a red list arrival nor is that person an eligible vaccinated arrival.]

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 (15.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 5) Regulations 2021 (S.S.I. 2021/359), regs. 1(2), 3 (with reg. 14)

F4 Words in reg. 2 substituted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 7) Regulations 2021 (S.S.I. 2021/425), regs. 1, 3(a) (with reg. 13)

F5 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)

F6 Words in reg. 2(1) inserted (26.11.2021 at 11.59 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 8) Regulations 2021 (S.S.I. 2021/440), regs. 1, 3(a)(i) (with reg. 5)

F7 Words in reg. 2 substituted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 7) Regulations 2021 (S.S.I. 2021/425), regs. 1, 3(b) (with reg. 13)

F8 Words in reg. 2 inserted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 7) Regulations 2021 (S.S.I. 2021/425), regs. 1, 3(c) (with reg. 13)

F9 Words in reg. 2(1) inserted (26.11.2021 at 11.59 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 8) Regulations 2021 (S.S.I. 2021/440), regs. 1, 3(a)(ii) (with reg. 5)

F10 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)

F11 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)

F12 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)

F13 Reg. 2(5) inserted (9.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/357), regs. 1(2), 3 (with reg. 16(1))

F14 Reg. 2(6) inserted (26.11.2021 at 11.59 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 8) Regulations 2021 (S.S.I. 2021/440), regs. 1, 3(b) (with reg. 5)

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.