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

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 M1,

“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 on a vessel or aircraft,

[F1“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), F2...

“required information” is the information specified in [F3schedule 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

M11971 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 F4... 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)

[F5Provision 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 F6... 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), [F7, 3A(1),] 4(1) or 5 is guilty of an offence when the international passenger service arrives at a port in Scotland.

(2) A person who commits an offence under paragraph (1) is liable on conviction on indictment to a fine.

(3) In relation to the requirement to provide the required information in regulation 3(1) [F8, 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 [F9, 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.

[F10(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 [F1128 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 at the end of the period of 12 months beginning with the day on which they come into force.

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

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