PART 2Requirement to provide information
I13
1
This regulation applies where a person (“P”) arrives in Scotland—
a
from outside the common travel area, or
b
from within the common travel area, if P has been outside the common travel area at any time in the period beginning with the 14th day before P's arrival into Scotland.
2
P must provide to the Secretary of State—
a
P's passenger information, and
b
where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child.
3
The requirement in paragraph (2) can be complied with—
a
by P prior to P's arrival into Scotland submitting electronically to the Secretary of State a Passenger Locator Form containing—
i
P's passenger information, and
ii
where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child,
b
where P has arrived in Scotland from England, Wales or Northern Ireland by P prior to P's arrival into England, Wales or Northern Ireland having submitted electronically to the Secretary of State a Passenger Locator Form containing—
i
P's passenger information, and
ii
where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child, or
c
by P as soon as reasonably practicable upon arriving in Scotland submitting electronically, using a facility provided by the Secretary of State for this purpose, a Passenger Locator Form, containing—
i
P's passenger information, and
ii
where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child.
4
P is not required to comply with the requirement in paragraph (2) where P is—
a
a child and the child's passenger information has been provided under paragraph (3)(a)(ii), (b)(ii) or (c)(ii) by another person,
c
a person described in any of paragraphs 1 to 4 of schedule 2.
F3d
a person described in any of paragraphs 4A to 4F of schedule 2 who meets the condition in paragraph 4G of that schedule, or
e
a person described in paragraph 13 of schedule 2.
5
A person who has provided passenger information in accordance with paragraph (3)(a) or (b) must provide evidence that they have done so if requested by an immigration officer.
6
Nothing in this regulation requires P to provide passenger information if the information is not within P's knowledge or possession or under P's control.
Requirement to update passenger informationI24
1
Paragraph (2) applies where—
a
P is required to comply with the requirement in regulation 6(2), and
b
prior to the expiry of the period referred to in regulation 6(2)(a),
i
the passenger information provided by P in accordance with regulation 3 is no longer accurate, or
ii
passenger information relating to P or a child accompanying P comes within P's knowledge or possession or under P's control.
2
P must, as soon as reasonably practicable, take all reasonable steps to provide the updated passenger information to the Secretary of State using the Passenger Locator Form.
3
Nothing in this regulation requires P to provide passenger information if the information is not within P's knowledge or control.
Passenger information: offences and penaltiesI35
1
A person who contravenes the requirement in regulation 3 or 4(2) commits an offence.
2
It is an offence for P to provide false or misleading information for the purposes of regulation 3 or 4, where P—
a
knows that the information is false or misleading, or
b
is reckless as to whether the information is false or misleading.
3
It is a defence to a charge of committing an offence under paragraph (1) or (2) to show that the person, in the circumstances, had a reasonable excuse.
4
A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.