PART 3

Requirement for travellers F12... to stay in specified premisesI16

1

F10Paragraph (2) applies where a person (“P”)—

a

arrives in Scotland from F3a non-exempt country or territoryF13which is not an acute risk country or territory, where P meets any of the descriptions in F19regulation 7(1)(c) to (d), F20...

b

arrives in Scotland from elsewhere within the common travel area F14... , and has within the preceding F810 daysF4departed from or transited through a non-exempt country or territoryF21which is not an acute risk country or territoryF18, F24...

c

arrives in Scotland from—

i

outside the common travel area, or

ii

elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through a non-exempt country or territory

where P’s arrival in the United Kingdom has been arranged under a UK refugee resettlement schemeF23, or

d

arrives in Scotland from—

i

an acute risk country or territory or

ii

elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through an acute risk country or territory,

where P meets the description in regulation 7A(3)(c).

F111ZA

Paragraph (2) also applies to a person who—

a

is not otherwise required to comply with that requirement (by virtue of regulation 6(1) or regulation 7), and

b

either—

i

contravenes a requirement in regulation 5A(1), or

ii

is a child in respect of whom the person responsible contravenes a requirement in regulation 5A(2).

F151A

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C12

P must, on their arrival in Scotland, travel without undue delay to specified premises in Scotland and, except to the extent that a defence would be available under regulation 9(6), must not leave those premises until whichever is the F16later of—

a

the end of the F9tenth day after the day on which they F5last departed from or transited through a non-exempt country or territory, or

F17b

the end of the period specified in regulation 5G or, as the case may be, 5H.

F222A

Where regulation 5H(2A) results in a shorter period than paragraph (2)(a), that shorter period applies.

3

For the purposes of this regulation, the “specified premises” are—

a

unless paragraph (b) or (c) applies—

i

an address specified in P's Passenger Locator Form F6in accordance with paragraph 2(a) of schedule 1, as required by regulation 3, where P has completed a Passenger Locator Form,

ii

an address specified as the place they intend to stay for the duration of the period specified in paragraph (2) where P has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in England, Wales or Northern Ireland,

iii

the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P is a person described in paragraph (1)(b) who has not completed a Passenger Locator Form or equivalent form as described in head (ii),

iv

the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland, where P is a person described in paragraph 1 of schedule 2 (other than one described in F1regulation 7(c)), or

v

where it is not possible for P to stay at a place in accordance with paragraph (i) to (iv), in accommodation facilitated by the Secretary of State for P for the purposes of paragraph (2),

b

where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M1, or

c

where P is a person described in paragraph 9(1) of schedule 10 of the Immigration Act 2016 M2 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph.

4

For the purposes of this regulation, where the specified premises are residential premises those premises include any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

5

Where P is a person described in F2paragraph 37 of schedule 2, paragraph (3)(a)(i) applies with the modification that the address at which P intends to stay for the purposes of regulation 6(2) must be the named farm (within the meaning of F2paragraph 37 of schedule 2).

F76

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7

If P is a child, any person who has responsibility for the child must ensure, so far as reasonably practicable, that the child complies with this regulation.

8

Nothing in this regulation affects the operation of any requirement or restriction on P by virtue of schedule 21 of the Coronavirus Act 2020 M3 (powers relating to potentially infectious persons) or by virtue of an order made under Part 4 of the Public Health etc. (Scotland) Act 2008 M4.