2021 No. 278
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 7) Regulations 2021
Approved by the Scottish Parliament
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b)(i) and 122(2) of the Public Health etc. (Scotland) Act 20081, and all other powers enabling them to do so.
In accordance with section 122(6) 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.
Citation and commencement1
1
These Regulations may be cited as the Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 7) Regulations 2021.
2
Subject to paragraph (3) below, these Regulations come into force at 4.00 a.m. on 8th August 2021.
3
Paragraphs (2)(a) and (3) of regulation 10 come into force at 4.00 a.m. on 12th August 2021.
Amendment of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 20202
The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 20202 are amended in accordance with regulations 3 to 9.
Amendment of regulation 2A3
In regulation 2A (eligible vaccinated arrivals)3—
a
omit paragraph (1A),
b
in paragraph (2)(ca), for “required” substitute “requested”,
c
in paragraph (3)(b), after “participation” insert “if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland”,
d
in paragraph (3A)—
i
in sub-paragraph (b), after “able” insert “, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland,”,
ii
in sub-paragraph (d), after “residence” insert “if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland”,
e
in paragraph (10), in sub-paragraph (a) in the definition of “marketing authorisation” for “regulation 2 (medicinal products)” substitute “regulation 8(1) (general interpretation)”.
Amendment of regulation 5C4
In regulation 5C (testing following arrival in Scotland: general)4—
a
at the end of paragraph (1)(b)(ii) insert “except for paragraph 25”,
b
at the end of paragraph (1A)(b) insert “except for paragraph 25”.
Amendment of regulation 65
In regulation 6(1)(f) (requirement for boarding school students to stay in specified premises)5 for “boarding school in Scotland” substitute “boarding school in the United Kingdom”.
Amendment of schedule A16
In Part 1 of schedule A1 (countries, territories or parts of countries or territories)6—
a
after “Australia” insert “Austria”,
b
after “Faroe Islands” insert “Germany”,
c
after “Israel and Jerusalem” insert “Latvia”,
d
after “New Zealand” insert “Norway” and “Romania”,
e
after “Singapore” insert “Slovakia” and “Slovenia”.
Amendment of schedule A27
In schedule A2 (acute risk countries, territories or parts thereof)7—
a
omit “Bahrain”,
b
after “French Guiana” insert “Georgia”,
c
omit “India”,
d
after “Maldives” insert “Mayotte” and “Mexico”,
e
omit “Qatar”,
f
before “Rwanda” insert “Réunion”,
g
omit “The United Arab Emirates”.
Amendment of schedule 28
In Part 2 of schedule 2 (persons not required to comply with regulation 6), in paragraph 25, omit sub-paragraphs (1A), (3) and (4)8.
Amendment of schedule 3A9
In schedule 3A (specified competitions)9—
a
in Part 1—
i
after paragraph 9B10, insert—
9BA
Golf – AIG Women’s Open Final Qualifying.
ii
in paragraph 1211, for “Guinness PRO14 and Challenge Cup Rugby Union” substitute “United Rugby Championship”,
iii
after paragraph 27A12, insert—
27B
Professional GB Speedway Championship.
27C
British Curling Team – Wheelchair Curling Event.
27D
British Curling Team – Men’s and Women’s Team Events.
27E
Cycling – Tour of Britain.
b
in Part 2, after paragraph 3213 insert—
33
International Football – UEFA Under-21 Championship fixtures involving Turkey.
Amendment of the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 202110
1
The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 202114 are amended in accordance with this regulation.
2
In regulation 6 (requirement to ensure passengers have completed a Passenger Locator Form)—
a
for paragraph (1) substitute—
1
An operator must ensure that—
a
a passenger who arrives at a port in Scotland on a relevant service has completed a Passenger Locator Form,
b
a passenger possesses evidence that they are a person described in a paragraph of schedule 2 of the International Travel Regulations (persons not required to comply with regulations 3, 5A or 5D to 6B), where they have indicated on the Passenger Locator Form that they are such a person.
1ZA
Paragraph (1)(b) does not apply in relation to a person described in paragraph 7 of schedule 2 of the International Travel Regulations (road haulage worker), who is the driver of a goods vehicle that has been or will be conveyed to Scotland on the relevant service.
b
omit paragraph (1D)15,
c
in paragraph (4)(a)16, for “(3)(b) or” substitute “(2)(ca), (3)(b), (3A)(b) and (d) or”.
3
In regulation 8 (offences), for paragraph (3) substitute—
3
In relation to the offence in paragraph (1)(a), it is a defence—
a
for an operator alleged to have failed to ensure that a passenger has completed a Passenger Locator Form, to show that they recorded a unique passenger reference number for the relevant passenger before that passenger boarded the relevant service, or
b
for an operator alleged to have failed to ensure that a passenger possesses evidence of eligibility for an exemption claimed in a Passenger Locator Form, to show that the passenger presented a document purporting to be appropriate evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not appropriate evidence, before that passenger boarded the relevant service.
4
In regulation 9(1A) (extra-territorial jurisdiction)17—
a
for “or 6(1B)” substitute “, 6(1B) or 6(1C)”,
b
for “either” substitute “any”.
Savings11
1
The amendments made by regulations 3 to 9 do not apply in relation to any person who arrived in Scotland during the period beginning at 12.01 a.m. on 8 June 2020 and ending immediately prior to the coming into force of these Regulations in accordance with regulation 1(2), and the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 continue to apply to such persons as if those amendments had not been made.
2
Subject to paragraph (3), the amendments made by regulation 10 do not apply in relation to any passenger service which departs before these Regulations come into force in accordance with regulation 1(2), and the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 continue to apply in respect of such a service as if those amendments had not been made.
3
The amendments made by paragraphs (2)(a) and (3) of regulation 10 do not apply in relation to any passenger service which departs before these Regulations come into force in accordance with regulation 1(3), and the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 continue to apply in respect of such a service as if those amendments had not been made.
(This note is not part of the Regulations)