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

Changes over time for: Section 42

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Version Superseded: 18/03/2022

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Requirement to ensure passengers have completed a Passenger Locator FormS

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42.—(1) Subject to paragraphs [F1(5) and (6)], an operator must [F2take all reasonable steps to] ensure that—

(a)a passenger who arrives at a port in Scotland on a relevant service (“P”) has completed a Passenger Locator Form, and

(b)P possesses evidence that they are a person described in a paragraph of schedule 4 (exemptions), where they have indicated on the Passenger Locator Form that they are such a person.

(2) Subject to paragraphs [F3(6) F4... and (7)], an operator must ensure that, where P is a person to whom Part 4 of these Regulations (testing following arrival in Scotland) applies, P has included in their Passenger Locator Form the information required by paragraph 4 of schedule 3 (testing package details).

(3) Subject to paragraphs [F5(6) F6..., and (8)], an operator must ensure that, where P is required to comply with Part 5 of these Regulations (managed isolation), P has included in their Passenger Locator Form the booking reference for the managed isolation package booked by or on behalf of P as required by paragraph 2(b) of schedule 3.

[F7(4) An operator must ensure that P is in possession of the required evidence if—

(a)P has indicated on the Passenger Locator Form that P [F8meets the COVID-19 vaccination eligibility criteria], and

(b)the fact that P [F9meets the COVID-19 vaccination eligibility criteria] is not indicated on the Passenger Locator Form as having been electronically verified.]

(5) Paragraph (1)(b) does not apply in relation to a person described in paragraph 15 of schedule 4 (road haulage worker) who is the driver of a goods vehicle that has been or will be conveyed to Scotland on the relevant service.

(6) Paragraphs (1) to (3) do not apply in relation to a passenger—

(a)whom the operator, or a person acting on behalf of the operator, reasonably believes is not required to comply with the requirement to provide information under regulation 4(2) of these Regulations,

(b)who informs the operator, or a person acting on behalf of the operator, that they have a disability which prevents them from completing the Passenger Locator Form, or

(c)who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation.

F10(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Paragraph (2) does not apply where the operator, or a person acting on behalf of the operator, reasonably believes that—

(a)P is not required to comply with Part 4 of these Regulations (testing following arrival in Scotland), or

(b)P has a reasonable excuse for failing to comply with regulation 12(1) of these Regulations to arrive in Scotland in possession of a testing package.

(8) Paragraph (3) does not apply where the operator, or a person acting on behalf of the operator, reasonably believes that—

(a)P is not required to comply with Part 5 of these Regulations (managed isolation), or

(b)P has a reasonable excuse for failing to comply with the requirement in regulation 20(3) (requirement to possess managed isolation package).

(9) In paragraph (4), “the required evidence” means—

(a)evidence of the description in regulation 3(2)(d) or (e), (3)(b), (4)(b) and (d) [F11, (4A)(b)] or (6)(b) (where relevant), or

(b)where P meets the description in regulation 3(5) or (7), evidence of P's age.

Textual Amendments

Commencement Information

I1Reg. 42 in force at 20.9.2021, see reg. 1(2)

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