The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022

Amendments to schedule 4 (exemptions) S

14.—(1) In Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.)—

(a) for paragraph 1 substitute—

“1.— (1) A person (“P”) who is—

(a) a member of a diplomatic mission in the United Kingdom,

(b) a member of a consular post in the United Kingdom,

(c) passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(d) a sovereign or other head of State who enjoys immunities and privileges by virtue of the State Immunity Act 1978(1),

(e) a member of the family forming part of the household of a person falling within any of paragraphs (a) to (d),

(f) a diplomatic courier or a consular courier.

(2) A person (“P”) described in sub-paragraph (5)(a) who meets the conditions set out in sub-paragraph (6).

(3) A person (“P”) who is travelling to the United Kingdom to conduct official business who—

(a) is described in sub-paragraph (5)(b) to (e) and meets the conditions set out in sub-paragraph (7),

(b) is described in sub-paragraph (5)(f) and meets the conditions set out in sub-paragraph (8).

(4) A person (“P”) described in sub-paragraph (5)(f) to (h) who is travelling to the United Kingdom to conduct official business with the United Kingdom and meets the conditions set out in sub-paragraph (9).

(5) A person who—

(a) enjoys relevant immunities and privileges in the United Kingdom,

(b) is an officer or servant of an international organisation,

(c) is employed by an international organisation as an expert or on a mission,

(d) is a representative to an international organisation,

(e) is a member of the official staff of a representative to an international organisation,

(f) is a representative of a foreign country or territory,

(g) is a representative of the government of a British overseas territory,

(h) is a specified person.

(6) The conditions referred to in sub-paragraph (2) are—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is travelling to the United Kingdom, the office held by P and the capacity in which P is travelling to the United Kingdom, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to fall within the description in sub-paragraph (5)(a).

(7) The conditions referred to in sub-paragraph (3)(a) are—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to be travelling to the United Kingdom to conduct relevant work.

(8) The conditions referred to in sub-paragraph (3)(b) are—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work relating to—

(i) essential maintenance and repair of an information technology or security system necessary for the functioning of a mission or consular post in the United Kingdom which represents the relevant foreign country, or

(ii) the holding of an election or referendum in accordance with the laws or regulations of a foreign country or territory, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work.

(9) The conditions referred to in sub-paragraph (4) are—

(a) where P is not a specified person—

(i) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work, and

(ii) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in sub-head (i) that P is travelling to the United Kingdom to conduct official business with the United Kingdom,

(b) where P is a specified person—

(i) P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom.

(10) For the purposes of this paragraph—

“consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

“diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

“member of a consular post” means a “consular officer”, “consular employee” and “members of the service staff” as defined in schedule 1 of the Consular Relations Act 1968(2), and “head of consular post” has the meaning given in that schedule,

“member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in schedule 1 of the Diplomatic Privileges Act 1964(3),

“relevant immunities and privileges” means inviolability, immunity from arrest or detention, or any immunity or privilege with equivalent effect which is accorded (other than by virtue of being a person described in sub-paragraphs (1) or (5)(b) to (g)) to any person under the law of Scotland,

“relevant work” means—

(a)

where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the functioning of the relevant international organisation,

(b)

where P is a person described in sub-paragraph (5)(f), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the foreign country represented by the relevant mission or consular post in the United Kingdom or the foreign territory represented by the relevant office in the United Kingdom (as the case may be),

(c)

where P is a person described in sub-paragraph (5)(g), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the relevant British overseas territory,

“specified person” means a person who is a member of the democratic opposition in a foreign country or territory, a member of a political party in a foreign country or territory, or who undertakes activities in a foreign country or territory that support government policy related to national security, the promotion and protection of human rights, the mitigation of, or adaptation to, climate change, the maintenance of international peace and security, or the maintaining or enhancing of biodiversity,

“stipulated person” means—

(a)

where P is a person described in sub-paragraph (5)(a), the head of the relevant international organisation, the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of office representing a foreign territory in the United Kingdom (as the case may be),

(b)

where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), the head of the relevant international organisation,

(c)

where P is a person described in sub-paragraph (5)(f), the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be),

(d)

where P is a person described in sub-paragraph (5)(g), the relevant Governor of a British overseas territory.

(11) Any exemption provided for in this schedule or any other provision of these Regulations is without prejudice to any immunity or privilege which is accorded to any person under the law of Scotland.”,

(b) in paragraph 2(1)(a) omit from “within” to “Regulations”,

(c) in paragraph 3(1)—

(i) at the end of head (a) omit “or”,

(ii) after head (a) insert—

“(b) has travelled from a point of origin, other than a red list country, on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any red list country, or”,

(iii) in head (c) after “force,” insert “where the person has not disembarked”,

(d) for paragraph 4(a) substitute—

“(a) they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom, or”,

(e) omit paragraph 4A,

(f) in paragraph 5—

(i) in sub-paragraph (1)—

(aa) in head (a) for “within” to the end substitute “or is returning from conducting essential policing or essential government work outside of the United Kingdom,”,

(bb) in head (b) after “person” insert “required to undertake essential state business in the United Kingdom or”,

(cc) for head (c) substitute—

“(c) a person returning to the United Kingdom where this is necessary to facilitate essential government operations.”,

(ii) in sub-paragraph (2) before the definition of “essential government work” insert—

““essential government operations” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, activity relating to the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty,”,

(g) in paragraph 6—

(i) in sub-paragraph (1)—

(aa) after “person” insert “required to undertake essential or emergency work in the United Kingdom or”,

(bb) omit “or essential state business”,

(ii) in sub-paragraph (2) for “and” to “meanings” substitute “has the meaning”,

(h) omit paragraph 7,

(2) After Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.) insert—

“PART 1A S Law enforcement

7A.   An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting police activities, where the relevant Department, the chief constable of the Police Service of Scotland or other police force in the United Kingdom has certified that the activities are essential to the foreign police force.

7B.   A person responsible for escorting a person for the purposes of the Repatriation of Prisoners Act 1984(4), the Colonial Prisoners Removal Act 1884(5), or the Extradition Act 2003(6).”.

(3) In Part 2 of schedule 4 (exemptions: transport)—

(a) in paragraph 8—

(i) in sub-paragraph (1) after “worker” insert “where they have travelled to the United Kingdom in the course of their work”,

(ii) in sub-paragraph (2), in the definition of “road passenger transport worker” omit “and who is acting in the course of their employment”,

(b) after paragraph 10(2)(b)(iii) insert—

“(iv) returning to the United Kingdom following work as a member of aircraft crew outside of the United Kingdom,”,

(c) in paragraph 15—

(i) in sub-paragraph (1) after “worker” insert “where they have travelled to the United Kingdom in the course of their work”,

(ii) in sub-paragraph (2)(a)(ii) omit “, and who is acting in the course of their employment”,

(d) omit paragraph 16.

(4) Omit Parts 3 (exemptions: extradition) and 4 (exemptions: emergency, specialist and technical workers) of schedule 4.

(5) In Part 5 of schedule 4 (exemptions: healthcare)—

(a) omit paragraph 35,

(b) in paragraph 36(2) for the definition of “healthcare” substitute—

““healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth.”,

(c) omit paragraphs 37 to 40.

(6) Omit Parts 6 (exemption: seasonal agricultural workers) and 7 (exemption: sports and culture) of schedule 4.

Commencement Information

I1 Reg. 14 in force at 11.2.2022 at 4.00 a.m., see reg. 1(2)

(1)

1978 c. 33.

(2)

1968 c. 18.

(3)

1964 c. 81.

(4)

1984 c. 47.

(5)

1884 c. 31.

(6)

2003 c. 41.