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The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020

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Point in time view as at 26/02/2021.

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PART 2SPersons not required to comply with regulation 6

F15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

6.  A transit passenger who is a person who, on arrival in the United Kingdom, passes through to another country or territory without entering the United Kingdom.S

Commencement Information

I1Sch. 2 para. 6 in force at 8.6.2020, see reg. 1(2)

7.—(1) A road haulage worker F2... .S

(2) For the purposes of this paragraph—

“driver” includes a person who is travelling in a vehicle as a relief driver,

“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M1,

“road haulage worker” means—

(a)

the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(b)

a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council [on common rules for access to the international road haulage market] M2, and who is acting in the course of their employment,

F3...

F3...

Textual Amendments

Commencement Information

I2Sch. 2 para. 7 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M2OJ No. L 300, 14.11.2009, p.72.

F48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F59.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F610.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F711.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

12.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944 M3, where they have travelled to the United Kingdom when engaged on inspection duties.S

Commencement Information

I3Sch. 2 para. 12 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M3The latest edition of Annex 9, which is published by the International Civil Aviation Organization, is the 15th edition, which applied from 23rd February 2018 (ISBN 978-92-9258-301-9).

[F813.—(1) Operational, rail maintenance, safety and security workers working on the tunnel system who have travelled to the United Kingdom in the course of their work.S

(2) For the purposes of sub-paragraph (1) “tunnel system” has the meaning given in section 1(7) of the Channel Tunnel Act 1987.]

Textual Amendments

[F914.—(1) Any person who [F10has been certified by the relevant Department or the Scottish Ministers] as meeting the description in head (a), (b) or (c)—S

(a)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which they would, but for this paragraph, have had to stay in specified premises in accordance with regulation 6,

(b)a person returning from conducting essential state business outside of the United Kingdom,

(c)a person returning to the United Kingdom where this is necessary to facilitate 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.

(2) For the purposes of sub-paragraph (1)—

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

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989,

“essential government work” means work which has been designated as such by the relevant Department [F11or the Scottish Ministers], and includes, in particular, work related to national security, the work of the National Crime Agency in pursuance of its statutory functions, and work related to immigration, the coronavirus disease or any other crisis response, but does not include work of the description in paragraph 2 of Part 1 of this schedule,

“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

“essential state business” 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, bilateral or multilateral discussions with another state or international organisation and visits to another state on behalf of the United Kingdom or Her Majesty’s Government,

“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.]

Textual Amendments

[F914A.—(1) A person returning from undertaking essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department [F12or the Scottish Ministers] as necessary to facilitate essential government work or essential state business.S

(2) For the purposes of sub-paragraph (1) “essential government work” and “essential state business” have the same meaning as in paragraph 14.]

Textual Amendments

15.  A person designated by the relevant Ministers under section 5(3) of the Repatriation of Prisoners Act 1984 M4.S

Commencement Information

I4Sch. 2 para. 15 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

16.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M5 or sought for extradition pursuant to any other extradition arrangements.S

Commencement Information

I5Sch. 2 para. 16 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

17.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been [F13ordered] pursuant to any provision of the Extradition Act 2003.S

Textual Amendments

Commencement Information

I6Sch. 2 para. 17 in force at 8.6.2020, see reg. 1(2)

18.—(1) Workers engaged in essential or emergency works—S

(a)related to water supplies and sewerage services, and

(b)carried out by, for or on behalf of Scottish Water, or [F14a local authority or a relevant person], where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of this paragraph—

“essential or emergency works” includes—

(a)

inspections, maintenance, repairs, and asset replacement activities,

(b)

monitoring, sampling and analysis of water supplies under the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 M6 [F15, the Private Water Supplies (Scotland) Regulations 2006] or the Public Water Supplies (Scotland) Regulations 2014), F16...

[F17“relevant person” has the meaning given in—

(a)

regulation 3(1) of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017, or

(b)

regulation 4 of the Private Water Supplies (Scotland) Regulations 2006, and]

“Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002 M7.

Textual Amendments

Commencement Information

I7Sch. 2 para. 18 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M6S.S.I 2017/282.

[F1818A.—(1) Workers engaged in essential or emergency works on behalf of a local authority relating to flood risk management, within the meaning of the Flood Risk Management (Scotland) Act 2009 or the Coast Protection Act 1949.]S

Textual Amendments

19.  Workers engaged in essential or emergency works—S

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M8,

(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)automated ballast cleaning and track re-laying systems on a network, or

(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)carried out by or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under section 7 and 7ZA of the Gas Act 1986 M9,

(v)a LNG import or export facility as defined in section 48 of the Gas Act 1986 M10,

(vi)a person holding a network licence under section 8 of the Railways Act 1993,

where they have travelled to the United Kingdom for the purposes of their work.

(2) For the purposes of this sub- paragraph (1)—

“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989 M11,

“electricity interconnector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the Electricity Act 1989 M12,

“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,

“national system operator” means the person operating the national transmission system for Great Britain,

“network”, in sub-paragraph (1)(a)(v) and (vi), has the meaning given in section 83(1) of the Railways Act 1993 M13, and

“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989.

Commencement Information

I8Sch. 2 para. 19 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M8S.I. 2014/3120. There are no relevant amending instruments.

M91986 c.44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004 (c.20).

M10The definition was inserted by S.I. 2011/2704.

M12The definition of “electricity interconnector” was inserted by section 147(7) of the Energy Act 2004 (c.20). The definition of “transmission system” was substituted by paragraph 15 of schedule 19 of the 2004 Act.

20.—(1) A person who is—S

(a)nuclear personnel, and who is essential to the safe and secure operations of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder,

(c)an agency inspector, or

(d)a Euratom inspector, provided that they arrive in the United Kingdom before IP completion day, where the person has travelled to the United Kingdom in the course of their work.

(2) For the purposes of this paragraph—

“agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M14,

“Euratom inspector” means an inspector sent to the United Kingdom by the Commission of the European Union in accordance with Articles 81 and 82 of the Euratom Treaty,

“nuclear emergency responder” means a person providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on 26 September 1986, who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention,

“nuclear personnel” means—

(a)

a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted,

(b)

an employee of the Nuclear Decommissioning Authority M15, and

“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M16.

Commencement Information

I9Sch. 2 para. 20 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M15The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004 (c.20).

M161965 c.57. Section 1 was substituted by paragraph 17 of schedule 2 of the Energy Act 2013 (c.32); by virtue of section 1(2), a licence described in section 1(1) is referred to as a “nuclear site licence”.

21.  An Inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996 M17, who has travelled to the United Kingdom for the purposes of an inspection.S

Commencement Information

I10Sch. 2 para. 21 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

22.—(1) A person who is—S

(a)carrying out a critical function at a space site or spacecraft controller who is responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies,

(b)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities, where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

“space site” has the meaning given in paragraph 5(3) of schedule 4 of the Space Industry Act 2018 M18,

“space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018, and

“spacecraft controller” means a person competent, authorised and responsible for maintaining safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Commencement Information

I11Sch. 2 para. 22 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

23.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where they have travelled to the United Kingdom in the course of their work.S

(2) For the purposes of sub-paragraph (1)—

“specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft), and

“specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency M19.

Commencement Information

I12Sch. 2 para. 23 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M19The Civil Aviation Authority was established under section 1(1) of the Civil Aviation Act 1971 (c.75). That Act was replaced by a consolidating statute, the Civil Aviation Act 1982 (c.16), section 2(1) of which provides for the continued existence of the Civil Aviation Authority. The European Union Aviation Safety Agency was established by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.

24.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where—S

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil based fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility, where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil, and

(b)“specified activities” are—

(i)storing oil,

(ii)handling oil,

(iii)the carriage of oil by sea or inland water,

(iv)conveying oil by pipes, and

(v)refining or otherwise processing oil.

Commencement Information

I13Sch. 2 para. 24 in force at 8.6.2020, see reg. 1(2)

25.—(1) A worker F19... required [F20to undertake or commence within [F21the period during which they would, but for this paragraph, have had to stay in specified premises in accordance with regulation 6]] S

(a)activities on or in relation to [F22an offshore installation],

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on [F23an offshore installation or well being decommissioned or] preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in paragraphs (a) to (c),

[F24where they have travelled to the United Kingdom in the course of their work] F25....

[F26(1A) A worker who has travelled to the United Kingdom immediately after undertaking any of the activities described in sub-paragraph (1)(a) to (d) where the worker has returned to the United Kingdom after departing from or transiting through another country or territory without entering that other country or territory.]

(2) For the purposes of sub-paragraph (1)—

“[F27offshore installation]” has the meaning given in section 44 of the Petroleum Act 1998 M20,

“upstream petroleum infrastructure” has the meaning given in section 9H of that Act M21, and

“[F28well]” has the meaning given in section 45A(10) of that Act M22.

[F29(3) For the purposes of the reference in sub-paragraph (1A) to activities described in sub-paragraph (1)(a) to (d), “offshore installation,”, “upstream petroleum infrastructure” and “well” have the meanings given in sub-paragraph (2) with the following modifications—

(a)for the definition of “offshore installation”, “relevant waters” in section 44(4) of the Petroleum Act 1998 is to be read as including a reference to the exclusive economic zones of Denmark and the Faroe Islands, Germany, Iceland, the Netherlands and Norway,

(b)for the definition of “upstream petroleum infrastructure”, section 9H(2) of that Act is to be read as including petroleum which exists in its natural condition in strata within the exclusive economic zones of Denmark and the Faroe Islands, Germany, Iceland, the Netherlands and Norway,

(c)the definition of “well” in section 45A(10) of that Act includes a well situated in the exclusive economic zones of Denmark and the Faroe Islands, Germany, Iceland, the Netherlands and Norway.

(4) For the purposes of sub-paragraph (3), references to the “exclusive economic zone” of a country are to the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more than 200 nautical miles from the baselines from which the breadth of that sea is measured as may have been determined by the country in question in accordance with international law.]

Textual Amendments

Commencement Information

I14Sch. 2 para. 25 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M201998 c.17. Section 44 was amended by paragraph 11 of schedule 1 of the Energy Act 2008 (c.32).

M21Section 9H was substituted by section 74(2) of the Energy Act 2016 (c.20).

M22Section 46A was inserted by section 75(1) of the Energy Act 2008 (c.32).

26.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M23, where they have travelled to the United Kingdom in the course of their work.S

Commencement Information

I15Sch. 2 para. 26 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

27.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods, where they have travelled to the United Kingdom in the course of their work.S

Commencement Information

I16Sch. 2 para. 27 in force at 8.6.2020, see reg. 1(2)

28.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works (including [F30construction, commissioning, installation,] maintenance, repairs and safety checks) or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where they have travelled to the United Kingdom in the course of their work.S

Textual Amendments

Commencement Information

I17Sch. 2 para. 28 in force at 8.6.2020, see reg. 1(2)

29.—(1) Any of the following—S

(a)a person (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a provider in the United Kingdom to receive healthcare (or, where P is a child, on whose behalf such arrangements have been made),

(ii)is in possession of written confirmation of the arrangements from the provider,

(iii)has travelled to the United Kingdom to receive that healthcare, and

(iv)is attending a place to receive that healthcare F31... ,

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly between the place where they are staying in accordance with regulation 6(2) and either of the places referred to in sub-paragraph (1)(a)(iv), where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it,

(c)an accompanying child who is accompanying P or, where P is a child, is accompanying a person referred to in sub-paragraph (1)(b),

(d)a live donor who is attending a place for the purpose referred to in the definition of “live donor” F32... .

(2) For the purposes of this paragraph—

“accompanying child”, in relation to P, means a child who has arrived in the United Kingdom with P and for whom P has responsibility, or where P is a child, a child who has arrived in the United Kingdom with the person referred to in sub-paragraph (1)(b) and for whom that person has responsibility,

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

“live donor” means a person who—

(a)

has travelled to the United Kingdom for the purpose of donation of material which consists of or includes their human cells pursuant to arrangements made with a provider in the United Kingdom before travelling to the United Kingdom and which are to be used by the provider for the purpose of providing healthcare, and

(b)

is in possession of written confirmation of the arrangements from the provider, and

“provider” means a provider of healthcare.

Textual Amendments

Commencement Information

I18Sch. 2 para. 29 in force at 8.6.2020, see reg. 1(2)

30.—[F33(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a healthcare provider.]S

(2) For the purposes of sub-paragraph (1)—

(a)“blood” includes blood components, and

(b)“healthcare” has the meaning given in paragraph 29(2).

Textual Amendments

Commencement Information

I19Sch. 2 para. 30 in force at 8.6.2020, see reg. 1(2)

31.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.S

Commencement Information

I20Sch. 2 para. 31 in force at 8.6.2020, see reg. 1(2)

32.—(1) A person who—S

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations, or carries out the functions or duties of a sponsor, of a clinical trial and has travelled to the United Kingdom to undertake activities in relation to a clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

Commencement Information

I21Sch. 2 para. 32 in force at 8.6.2020, see reg. 1(2)

33.  A person who has travelled to the United Kingdom to conduct a “clinical investigation” within the meaning of the Medical Devices Regulations 2002, or to undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation or carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.S

Commencement Information

I22Sch. 2 para. 33 in force at 8.6.2020, see reg. 1(2)

34.  A person who is—S

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations. F34...

F35(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I23Sch. 2 para. 34 in force at 8.6.2020, see reg. 1(2)

35.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—S

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities, and

(b)an [F36information technology or telecommunications professional] (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information” system has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018 M24.

Textual Amendments

Commencement Information

I24Sch. 2 para. 35 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

36.  A person who is engaged in urgent or essential work—S

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003M25 F37..., or

(ii)the BBC's broadcasting transmission network and services,

(b)in associated supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services,

where they have travelled to the United Kingdom in the course of their work.

Textual Amendments

Commencement Information

I25Sch. 2 para. 36 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M252003 c.21. The definition of “electronic communications network” was amended by S.I. 2011/1210.

[F3836A.  A person—S

(a)who is engaged in the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

(b)whose role directly supports the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

where they have travelled to the United Kingdom in the course of their work.]

Textual Amendments

37.—(1) A person who has an offer of employment for seasonal work to carry out specified activities in edible horticulture on a named farm or farming land, but only to the extent specified in sub-paragraph (3).S

(2) For the purposes of sub-paragraph (1)—

  • “seasonal work” is employment which fluctuates or is restricted due to the season or time of the year,

  • “edible horticulture” means growing—

    (a)

    protected vegetables grown in glasshouse systems,

    (b)

    field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

    (c)

    soft fruit grown outdoors or under cover,

    (d)

    trees that bear fruit,

    (e)

    vines and bines,

    (f)

    mushrooms,

  • “specified activities” means—

    (a)

    crop maintenance,

    (b)

    crop harvesting,

    (c)

    tunnel construction and dismantling,

    (d)

    irrigation installation and maintaining,

    (e)

    crop husbandry,

    (f)

    packing and processing of crops on employers premises,

    (g)

    preparing and dismantling growing areas and media,

    (h)

    general primary production work in edible horticulture,

    (i)

    activities relating to supervising teams of horticulture workers.

(3) A person described in sub-paragraph (1) is required to comply with regulation 6(2) as modified by regulation 6(5).

Commencement Information

I26Sch. 2 para. 37 in force at 8.6.2020, see reg. 1(2)

[F3938.—(1) A domestic elite sportsperson, an international elite sportsperson, a domestic ancillary sportsperson [F40or an international ancillary sportsperson].S

(2) For the purposes of this paragraph—

“domestic ancillary sportsperson” means an individual essential to—

(a)

the running of an elite sports event including—

(i)

operational staff essential to the running of that elite sports event, and

(ii)

event officials and referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff, and

(v)

the parent or carer of an elite sportsperson under the age of 18,

“domestic elite sportsperson” means an individual who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body,

(d)

is aged 16 or above and on an elite development pathway,

(e)

is in Scotland, after departing from or transiting through a non-exempt country or territory, and

(f)

either—

(i)

has departed from or transited through the non-exempt country or territory in order to F41[F42... participate in] an elite sporting event [F43, or to participate in training for an elite sporting event in which the participants compete to qualify for the right to represent Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games,] and has returned to Scotland with the intention of continuing activities as a sportsperson, or

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to Scotland in order to participate in training for, or to compete in, an elite sports event,

“elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

(i)

Great Britain and Northern Ireland at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme,

“international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of that specified competition,

(ii)

competition officials and referees, and

(iii)

broadcast staff and journalists covering that specified competition, or

(b)

the support of an international elite sportsperson, including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff, and

(v)

the parent or carer of an international elite sportsperson under the age of 18,

“international elite sportsperson” means an individual who travels to Scotland in order to participate in a specified competition after departing from or transiting through a non-exempt country or territory at any time in the period beginning with the [F4410th day] before their arrival in Scotland and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway, F45...

F46... and

“specified competition” means a competition listed in [F47schedule 3A].

(3) For the purposes of F48... paragraph (2)—

(a)“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(i)so that they may derive a living from competing in that sport, or

(ii)to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham,

(b)“relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme, and

(c)“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(i)that sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(ii)that sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme.

(4) Where P is—

(a)an international elite sportsperson, P is exempt from the requirement in regulation 6(2) if outside of the place where they are staying in accordance with regulation 6(2) to travel directly to or from, or attend the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place,

(b)an international ancillary sportsperson, P is exempt from the requirement in regulation 6(2) if outside of the place where they are staying in accordance with regulation 6(2) to directly travel to or from, or attend the location of the specified competition or training for the specified competition, or travelling between different locations where the specified competition or training for the specified competition is taking place.

(5) Any person (P) who is an international elite sportsperson or an international ancillary sportsperson must on request provide to an immigration officer written evidence from a United Kingdom or Scottish sport national governing body of P’s status as an international elite sportsperson or international ancillary sportsperson attending a specified competition, as the case may be.]

Textual Amendments

F4938A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5039.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5140.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5241.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5342.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

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