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The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020

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Changes over time for: The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020

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Version Superseded: 20/09/2021

Status:

Point in time view as at 19/07/2021.

Changes to legislation:

There are currently no known outstanding effects for The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020. Help about Changes to Legislation

Scottish Statutory Instruments

2020 No. 170

Public Health

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020

Approved by the Scottish Parliament

Made

7th June 2020

Laid before the Scottish Parliament

at 9.00 a.m. on 8th June 2020

Coming into force

at 12.01 a.m. on 8th June 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008 M1, and all other powers enabling them to do so.

In accordance with section 122(6) and (7) of that Act, the Scottish Ministers consider that these Regulations need to be made urgently, without a draft having been laid before, and approved by resolution of, the Scottish Parliament.

Marginal Citations

Citation and commencementS

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020.

(2) These Regulations come into force at 12.01 a.m. on 8 June 2020.

Commencement Information

I1Reg. 1 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

InterpretationS

2.  In these Regulations—

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M2,

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus),

“international passenger service” means a commercial service by which passengers travel to a port in Scotland from outside the common travel area [F1or from the Republic of Ireland] on a vessel or aircraft,

[F2“the International Travel Regulations” means the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020,]

“operator” means operator of an international passenger service,

“port” means any port (including a seaport, airport or heliport), F3...

“required information” is the information specified in [F4schedule 1 and, where appropriate, schedule 2],

“vessel” means a vessel which is 24 metres or more in length.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Marginal Citations

M21971 c.77. That section provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to as “the common travel area”.

Provision of information before bookingS

3.—(1) Subject to the following provisions of this regulation an operator must ensure that, a passenger who arrives at a port in Scotland on an international passenger service provided by the operator, was provided with the required information before the booking was made.

(2) If another person (A) made the booking on behalf of the passenger (whether or not A is also a passenger on the service) the requirement in paragraph (1) is to be treated as complied with if the required information was provided to A F5... before the booking was made, along with a written request that A provide that information to the passenger, unless A considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(3) Paragraph (1) applies only if the booking took place after these Regulations come into force.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

[F6Provision of information between 24 and 48 hours before scheduled departureS

3A.—(1) Subject to paragraphs (2) and (3), an operator must ensure that a passenger who arrives at a port in Scotland on an international passenger service provided by the operator was provided with the required information between 24 and 48 hours prior to the scheduled departure time of that service.

(2) Paragraph (1) applies only where—

(a)a booking was made for the passenger to travel on the relevant service at least 48 hours prior to the scheduled departure time, and

(b)the booking was made on or after 30 October 2020.

(3) If another person (“X”) made the booking on behalf of the passenger (whether or not X is also a passenger on the service), the requirement in paragraph (1) is to be treated as complied with if the required information was provided to X between 24 and 48 hours prior to the scheduled departure time of the relevant service, along with a written request that X provide that information to the passenger, unless X considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.]

Textual Amendments

Provision of information before check inS

4.—(1) Subject to the following provisions of this regulation an operator must ensure that, a passenger who arrives at a port in Scotland on an international passenger service provided by the operator, was provided with the required information at the time that the passenger was checked in to travel on that service.

(2) If another person (B) checked in on behalf of the passenger (whether or not B is also a passenger on the service) the requirement in paragraph (1) is to be treated as complied with if the required information was provided to B F7... at the time of check-in, along with a written request that B provide that information to the passenger, unless B considers that, by virtue of age or mental capacity, the passenger is unlikely to be capable of understanding it.

(3) Paragraph (1) applies only if the check-in took place after these Regulations come into force.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Provision of information during journeyS

5.  An operator must ensure that, every passenger who arrives at a port in Scotland on an international passenger service provided by the operator, has been provided with the required information before the vessel or aircraft arrives at that port..

Commencement Information

I5Reg. 5 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

OffencesS

6.—(1) An operator who fails to comply with regulations 3(1), [F8, 3A(1),] 4(1) or 5 is guilty of an offence when the international passenger service arrives at a port in Scotland.

[F9(2) An offence under paragraph (1) is punishable—

(a)on summary conviction, by a fine not exceeding the statutory maximum,

(b)on conviction on indictment, by a fine.]

(3) In relation to the requirement to provide the required information in regulation 3(1) [F10, 3A(1),] or 4(1) it is a defence for an operator to prove that—

(a)the booking or check-in process was not managed directly by the operator, and

(b)the operator took reasonable steps to ensure that the person managing the process would provide the required information at that booking [F11, pre-departure] or check-in time in the required manner.

(4) In relation to the requirement to provide the required information in regulation 5, it is a defence for an operator to prove that they had a reasonable excuse for failing to provide the required information.

(5) In paragraph (5) a “reasonable excuse” includes that a passenger who was not provided with the required information was, by virtue of age or mental capacity, unlikely to be able to understand the required information.

[F12(6) If, following the coming into force of any provision which amends the required information, an operator provides information to a passenger that would have complied with these regulations but for the coming into force of the amending provision, it is a defence for the operator to prove that it was not reasonably practicable for the amended required information to be provided.]

Textual Amendments

Commencement Information

I6Reg. 6 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

Extra-territorial jurisdictionS

7.—(1) An offence can be committed under regulation 6(1) where the failure to provide the required information occurs wholly or partly outside Scotland.

(2) An operator may be prosecuted, tried and punished for an offence under regulation 6(1) upon the arrival of the international passenger service in Scotland—

(a)in the sheriff court district within which the port of arrival is located, or

(b)in such other sheriff court district as the Lord Advocate may direct,

as if the offence has been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district).

Commencement Information

I7Reg. 7 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

ReviewS

8.  The Scottish Ministers must review the need for these Regulations at least once every [F1328 days], with the first review being carried out by 29 June 2020.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

ExpiryS

9.—(1) These Regulations expire [F14on 20 September 2021].

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Textual Amendments

Commencement Information

I9Reg. 9 in force at 8.6.2020 at 12.01 a.m., see reg. 1(2)

JEANE FREEMAN

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulation 2

F15SCHEDULESREQUIRED INFORMATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 2

[F15SCHEDULE 1SREQUIRED INFORMATION

1.  The required information to be provided under regulation 3—S

(a)in the case of online bookings—

(i)must be displayed prominently on an operator’s website or mobile application,

(ii)must include—

(aa)hyperlinks to https://www.gov.uk/provide-journey-contact-details-before-travel-uk and https://www.gov.uk/uk-border-control [F16and https://www.gov.scot/publications/coronavirus-covid-19-public-health-checks-at-borders/pages/overview/],

(bb)the information specified in Part 1 of schedule 2,

(b)in the case of telephone bookings—

(i)must be provided orally,

(ii)must include the information specified in Part 1 of schedule 2,

(c)in the case of in-person bookings—

(i)must be provided orally or in writing,

(ii)where provided orally, must include the information specified in Part 1 of schedule 2,

(iii)where provided in writing, must include a written notice which informs passengers of the requirements to provide information [F17, to possess notification of a negative test result] [F18, to book, pay for and undertake tests] and to stay in specified premises in regulations 3 [F19, 5A] [F20, 5D to 5F, 6 and 6A] of the International Travel Regulations.

Textual Amendments

2.  The required information to be provided under regulation 3A—S

(a)must be provided by text message, push notification, email or orally,

(b)where provided by text message or push notification, must include—

(i)text which informs passengers of the requirements to provide information in regulation 3 of the International Travel Regulations and that penalties apply for failure to comply with those requirements,

(ii)a hyperlink to https://www.gov.uk/provide-journey-contact-details-before-travel-uk, F21...

(iii)if the relevant service is one on which passengers are allocated seat numbers, text which advises passengers to provide their seat number on the Passenger Locator Form [F22, and

(iv)text which informs passengers of the requirement to possess notification of a negative test result in regulation 5A of the International Travel Regulations,]

[F23(v)text which informs passengers of the requirement to book, pay for and undertake tests in regulations 5D to 5F of the International Travel Regulations,]

(c)where provided orally, must include the information specified in Part 1 of schedule 2,

(d)where provided by email, must include—

(i)the information specified in Part 1 of schedule 2, and

(ii)hyperlinks to—

(aa)https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(bb)https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors, and

(cc)https://www.gov.uk/uk-border-control.

Textual Amendments

3.  The required information to be provided under regulation 4—S

(a)in relation to digital check-in—

(i)must be displayed prominently on the operator’s website or mobile application,

(ii)must be provided before a boarding card is issued,

(iii)must include the information specified in Part 1 of schedule 2,

(iv)must include hyperlinks to—

(aa)https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(bb)https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors, F24...

(cc)https://www.gov.uk/uk-border-control [F25, and

(dd)https://www.gov.scot/publications/coronavirus-covid-19-public-health-checks-at-borders/pages/overview/.]

(b)in relation to in-person check-in—

(i)must be provided orally or in writing,

(ii)where provided orally, must include the information specified in Part 1 of schedule 2,

(iii)where provided in writing, must include a written notice which informs passengers of the requirements to provide information [F26, to possess notification of a negative test result] [F27, to book, pay for and undertake tests] and to stay in specified premises in regulations 3 [F28, 5A] [F295D to 5F, 6 and 6A] of the International Travel Regulations.

Textual Amendments

4.  The required information to be provided under regulation 5—S

(a)must be given orally before passengers disembark in Scotland,

(b)must be given in English and an officially recognised language of the country of departure,

(c)must include the information specified in Part 2 of schedule 2.

Regulation 2

SCHEDULE 2SPASSENGER NOTICES

F30[F31PART 1S

Textual Amendments

“ESSENTIAL INFORMATION TO ENTER THE UK

Everyone entering the UK (including UK nationals and residents) must provide proof of a negative COVID-19 test taken within 3 days prior to direct departure to the UK.

Fill in your passenger locator form up to 48 hours before arrival. You must declare all countries you have visited or transited through in the 10 days prior to your arrival in the UK on your passenger locator form.

What you have to do after you arrive depends on the countries you have visited or transited through.

Before departure, check the list of red, amber and green countries as the list can change regularly.

Red list passengers

Book a Managed Quarantine Package

Complete a passenger locator form

You may not enter the UK unless you are a British or Irish National, or you have residence rights in the UK, or you are eligible for an exemption. You must enter through a designated port of entry and quarantine in a government approved hotel for 10 days.

Amber list passengers

Book tests for day 2 and 8

Complete a passenger locator form

Make plans to self-quarantine in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days).

[F30If you are arriving from an amber list country and have been fully vaccinated through an approved vaccination programme at least 14 days before your arrival in Scotland, you must:

Book a test for day 2

Complete a passenger locator form]

Green list passengers

Book a test for day 2

Complete a passenger locator form

These measures apply to all persons (including UK nationals and residents) arriving in the UK from outside the common travel area compromising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands. The British Overseas Territories are not in the common travel area. Public health requirements may vary depending upon in which nation of the UK you are staying.

Scotland:https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/overview/

England:https://www.gov.uk/uk-border-control

Wales:https://gov.wales/arriving-wales-overseas

Northern Ireland:

https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. Check the list of exemptions carefully. You may be fined if you fraudulently claim an exemption.”]

F32PART 2S

Textual Amendments

[F32“The following is a public health message on behalf of the UK’s public health agencies.

However long you intend to stay in the UK, everyone must take a pre-booked Covid-19 test within the first two days after you arrive, even if you have been fully vaccinated.

For those not fully vaccinated: if you have been in or transited through any countries on the red or amber list you must also take another pre-booked test 8 days after arrival. And, if you have been in or transited through an amber or red country within the previous 10 days, you must quarantine for the first 10 days after you arrive.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the public health guidance for the area you are living or travelling in.”]]

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements on persons (“operators”) operating commercial services for international passengers travelling to Scotland by sea and air from outside the open borders area comprising the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland (the “common travel area” by virtue of section 1(3) of the Immigration Act 1971 (c.77)).

Regulations 3, 4 and 5 require operators to ensure that passengers on such services who arrive in Scotland have been provided with certain public health information (“required information”) on three separate occasions.

Regulation 6 provides that breach of the requirements to provide required information in regulation 3(1), regulation 4(1) or 5 is an offence.

Regulation 9 provides that these Regulations expire 12 months after they come into force.

A full impact assessment has not been completed due to the urgent nature of this instrument.

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