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Version Superseded: 09/01/2021
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There are currently no known outstanding effects for the The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020, Section 9.
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9.—(1) It is an offence to contravene a requirement in—
(a)regulation 6(2) [F1or 6(2A)], or
(b)regulation 6(7).
(2) It is an offence to contravene a requirement in or imposed under regulation 8.
(3) It is an offence for P to provide false or misleading information for the purposes of Part 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.
(4) A person who deliberately obstructs any person carrying out a function under these Regulations commits an offence
(5) It is a defence to a charge of committing an offence under paragraph (1)(b), (2) (3) or (4) to show that the person, in the circumstances, had a reasonable excuse.
(6) It is a defence to a charge of committing an offence under paragraph (1)(a) for the person to show that they are outside of the place where they are staying in accordance with regulation 6(2) for one of the following reasons—
(a)to travel in order to leave Scotland, provided that they do so directly,
(b)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household),
[F2(c)to seek medical assistance, including to access any of the following services—
(i)dental services, opticians, audiology services, chiropody services, chiropractors, osteopaths and other medical or health services, including services relating to mental health,
(ii)veterinary surgeons and pet shops,]
(d)on compassionate grounds, to attend a funeral of—
(i)a member of the person's household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) is attending, a friend
[F3(da)on compassionate grounds, for reasons related to the end of a person’s life,]
(e)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
(f)to access public services (including social services or victims' services) where—
(i)access to the service is critical to P's well-being, and
(ii)the service cannot be provided if P remains at the premises,
(g)to avoid injury, illness or to escape a risk of harm, or
(h)to move to a different place for the purposes of regulation 6(2) where—
(i)a legal obligation requires P to change the premises at which P resides for the purposes of regulation 6(2), or
(ii)P is otherwise unable to remain at the premises at which P is residing for the purpose regulation 6(2).
Textual Amendments
F1Words in reg. 9(1)(a) inserted (23.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 25) Regulations 2020 (S.S.I. 2020/474), regs. 1(2), 2(5) (with reg. 3)
F2Reg. 9(6)(c) substituted (12.9.2020 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2020 (S.S.I. 2020/280), regs. 1, 2(3) (with reg. 3)
F3Reg. 9(6)(da) inserted (12.12.2020 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) Regulations 2020 (S.S.I. 2020/431), regs. 1(2), 2(2)
Commencement Information
I1Reg. 9 in force at 8.6.2020, see reg. 1(2)
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