Amendment of the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021
10.—(1) The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021(1) 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)(2),
(c)in paragraph (4)(a)(3), 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)(4)—
(a)for “or 6(1B)” substitute “, 6(1B) or 6(1C)”,
(b)for “either” substitute “any”.
S.S.I. 2021/20, last amended by S.S.I. 2021/264.
Paragraph (1D) was inserted by S.S.I. 2021/265.
Regulation 6(4) was inserted by S.S.I. 2021/264.
Regulation 9(1A) was inserted by S.S.I. 2021/74.