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The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation and commencement

    2. 2.Interpretation: general

    3. 3.Interpretation: eligible vaccinated arrivals

  3. PART 2 Passenger Information

    1. 4.Requirement to provide passenger information

    2. 5.Requirement to update passenger information

    3. 6.Part 2: persons not required to comply

  4. PART 3 Testing prior to arrival in Scotland

    1. 7.Part 3: interpretation

    2. 8.Requirement to possess notification of negative test result

    3. 9.Qualifying test and valid notification

    4. 10.Part 3: persons not required to comply

  5. PART 4 Testing following arrival in Scotland

    1. 11.Part 4: application and interpretation

    2. 12.Requirement to possess testing package

    3. 13.Requirement to provide information

    4. 14.Requirement to undertake tests

    5. 15.Requirement to self-isolate on failure to undertake a test

    6. 16.Consequences of test results

    7. 17.Charge for testing package

    8. 18.Part 4: persons not required to comply

  6. PART 5 Managed isolation

    1. 19.Part 5: application

    2. 20.Requirement to enter Scotland at a designated port and possess a managed isolation package

    3. 21.Requirement to stay in managed accommodation

    4. 22.Modification of regulations 20 and 21: relevant persons

    5. 23.Charge for managed isolation package

    6. 24.Appeals

    7. 25.Part 5: persons not required to comply

  7. PART 6 Self-isolation

    1. 26.Requirement to stay in specified premises

    2. 27.Part 6: persons not required to comply

  8. PART 7 Parts 2 to 6: enforcement

    1. 28.Part 2 (information): offences and penalties

    2. 29.Part 3 (testing before arrival in Scotland): offences and penalties

    3. 30.Part 4 (testing following arrival in Scotland): offences and penalties

    4. 31.Part 5 (managed isolation): offences and penalties

    5. 32.Part 6 (self-isolation): offences and penalties

    6. 33.Powers of direction and removal

    7. 34.Further offences and penalties

    8. 35.Fixed penalty notices

    9. 36.Fixed penalty notices: penalty amounts

  9. PART 8 Duties on operators

    1. 37.Part 8: Interpretation

    2. 38.Provision of information before booking

    3. 39.Provision of information between 24 and 48 hours before scheduled departure

    4. 40.Provision of information before check-in

    5. 41.Provision of information during journey

    6. 42.Requirement to ensure passengers have completed a Passenger Locator Form

    7. 43.Requirement to ensure passengers possess notification of a negative test result

    8. 44.Requirement to ensure that certain passengers arrive only at certain ports

    9. 45.Part 8: offences and penalties

    10. 46.Extra-territorial jurisdiction

  10. PART 9 Information sharing

    1. 47.Power to use and disclose information

    2. 48.Meaning of “relevant information”

  11. PART 10 Review, expiry, revocations, transitionals and savings

    1. 49.Review of need for restrictions

    2. 50.Expiry

    3. 51.Revocations

    4. 52.Transitional and savings provisions

  12. Signature

  13. SCHEDULES

    1. SCHEDULE 1

      Red list countries

      1. Afghanistan

      2. Angola

      3. Argentina

      4. Bangladesh

      5. Bolivia

      6. Botswana

      7. Brazil

      8. Burundi

      9. Cape Verde

      10. Chile

      11. Colombia

      12. Costa Rica

      13. Cuba

      14. Democratic Republic of the Congo

      15. Dominican Republic

      16. Ecuador

      17. Egypt

      18. Eritrea

      19. Eswatini

      20. Ethiopia

      21. French Guiana

      22. Georgia

      23. Guyana

      24. Haiti

      25. Indonesia

      26. Kenya

      27. Lesotho

      28. Malawi

      29. Maldives

      30. Mayotte

      31. Mexico

      32. Mongolia

      33. Montenegro

      34. Mozambique

      35. Myanmar

      36. Namibia

      37. Nepal

      38. Oman

      39. Pakistan

      40. Panama

      41. Paraguay

      42. Peru

      43. Philippines

      44. Réunion

      45. Rwanda

      46. Seychelles

      47. Sierra Leone

      48. Somalia

      49. South Africa

      50. Sri Lanka

      51. Sudan

      52. Suriname

      53. Tanzania

      54. Thailand

      55. Trinidad and Tobago

      56. Tunisia

      57. Turkey

      58. Uganda

      59. Uruguay

      60. Venezuela

      61. Zambia

      62. Zimbabwe

    2. SCHEDULE 2

      Green list countries

      1. PART 1 Countries, territories or parts of countries or territories

        1. Antarctica

        2. Antigua

        3. Australia

        4. Austria

        5. The Azores

        6. Barbados

        7. Barbuda

        8. Brunei

        9. Bulgaria

        10. Canada

        11. Croatia

        12. Denmark

        13. Dominica

        14. Faroe Islands

        15. Finland

        16. Germany

        17. Grenada

        18. Hong Kong

        19. Iceland

        20. Israel and Jerusalem

        21. Latvia

        22. Liechtenstein

        23. Lithuania

        24. Madeira

        25. Malta

        26. New Zealand

        27. Norway

        28. Romania

        29. Singapore

        30. Slovakia

        31. Slovenia

        32. Switzerland

        33. Taiwan

      2. PART 2 United Kingdom overseas territories

        1. Anguilla

        2. Bermuda

        3. British Antarctic Territory

        4. British Indian Ocean Territory

        5. Cayman Islands

        6. Falkland Islands

        7. Gibraltar

        8. Montserrat

        9. Pitcairn

        10. St Helena, Ascension and Tristan da Cunha

        11. South Georgia and the South Sandwich Islands

        12. Turks and Caicos Islands

    3. SCHEDULE 3

      Passenger Information

      1. 1.Personal details of the passenger— (a) their full name,

      2. 2.Journey details of the passenger— (a) the address where—

      3. 3.Where the passenger is travelling with a child for whom...

      4. 4.Where regulation 12 requires a testing package to be booked—...

      5. 5.Where the passenger is an eligible vaccinated arrival, the fact...

    4. SCHEDULE 4

      Exemptions

      1. PART 1 Diplomats, Crown Servants, visiting forces etc.

        1. 1.(1) A person (“P”), other than a person described in...

        2. 2.(1) A Crown servant or government contractor who is—

        3. 3.(1) A person who is a Crown servant, a government...

        4. 4.An official of a foreign Government, required to travel to...

        5. 5.(1) Any person who has been certified by the relevant...

        6. 6.(1) A person returning from conducting essential or emergency work...

        7. 7.(1) A specified person who has travelled to the United...

      2. PART 2 Transport

        1. 8.(1) A road passenger transport worker. (2) For the purposes...

        2. 9.(1) Seamen and masters, as defined in section 313(1) of...

        3. 10.(1) A member of aircraft crew where they have travelled...

        4. 11.An in-flight security officer who has travelled to the United...

        5. 12.(1) Any of the following who have travelled to the...

        6. 13.Civil aviation inspectors, as defined in Annex 9 to the...

        7. 14.Operational, rail maintenance, safety and security workers working on the...

        8. 15.(1) A road haulage worker. (2) For the purposes of...

        9. 16.(1) The condition mentioned in regulation 6(1)(e) is that the...

      3. PART 3 Extradition

        1. 17.A person designated by the relevant Ministers under section 5(3)...

        2. 18.A person responsible for escorting a person sought for extradition...

        3. 19.A representative of any territory travelling to the United Kingdom...

      4. PART 4 Emergency, specialist and technical workers

        1. 20.(1) A worker engaged in essential or emergency works—

        2. 21.A worker engaged in essential or emergency works on behalf...

        3. 22.(1) A worker engaged in essential or emergency works—

        4. 23.(1) A person who is— (a) nuclear personnel, and who...

        5. 24.An inspector from the Organisation for the Prohibition of Chemical...

        6. 25.(1) A person who is— (a) carrying out a critical...

        7. 26.(1) A specialist aerospace engineer, or a specialist aerospace worker,...

        8. 27.(1) A person engaged in operational, maintenance or safety activities...

        9. 28.(1) A worker required to undertake or commence within the...

        10. 29.A postal operator, as defined in section 27(3) of the...

        11. 30.A worker with specialist technical skills, where those specialist technical...

        12. 31.A worker with specialist technical skills, where those specialist technical...

        13. 32.(1) A person who has travelled to the United Kingdom...

        14. 33.A person who is engaged in urgent or essential work—...

        15. 34.A person— (a) who is engaged in the installation, maintenance...

      5. PART 5 Healthcare

        1. 35.(1) Any of the following— (a) a person (“P”) who—...

        2. 36.(1) A person who has travelled to the United Kingdom...

        3. 37.A person who is an “inspector” within the meaning given...

        4. 38.(1) A person who— (a) has travelled to the United...

        5. 39.A person who has travelled to the United Kingdom to—...

        6. 40.A person who is— (a) a “qualified person” within the...

      6. PART 6 Seasonal Agricultural Workers

        1. 41.(1) A person who has an offer of employment for...

      7. PART 7 Sports and culture

        1. 42.(1) Any of the following— (a) a domestic elite sportsperson,...

        2. 43.(1) A person who has been certified by the organiser...

    5. SCHEDULE 5

      COP 26 Representatives

      1. 1.A representative of a party to the United Nations Framework...

      2. 2.A representative of an observer state who is, or is...

      3. 3.A representative of the Executive Board of the Clean Development...

      4. 4.An executive head of a specialized agency of the United...

      5. 5.An officer of a specialized agency of the United Nations,...

      6. 6.An expert performing a mission for a specialized agency of...

      7. 7.An official of the Adaptation Fund, the Green Climate Fund...

      8. 8.An officer of the United Nations, other than a person...

      9. 9.An expert, other than an officer of the United Nations,...

      10. 10.A representative to an international organisation, within the meaning of...

      11. 11.In this schedule— (a) “observer state” means an observer state...

    6. SCHEDULE 6

      Specified competitions

      1. PART 1

        1. 1.European Professional Club Football Fixtures, including UEFA Champions League, Europa...

        2. 2.International Football fixtures.

        3. 3.UEFA Youth League fixtures.

        4. 4.Test Cricket matches.

        5. 5.European Tour Golf – Alfred Dunhill Links Championship.

        6. 6.European Tour Golf – Hero Open.

        7. 7.Golf – AIG Women's Open.

        8. 8.Golf – AIG Women's Open Final Qualifying.

        9. 9.Golf – ASI Scottish Open.

        10. 10.Golf – Legends Tour – Scottish Senior Open.

        11. 11.Trust Golf Women's Scottish Open.

        12. 12.European Professional Club Rugby fixtures.

        13. 13.Rugby Union international fixtures.

        14. 14.Scottish Rugby Union international fixtures.

        15. 15.United Rugby Championship.

        16. 16.Olympic, Paralympic and Commonwealth Games qualification events.

        17. 17.Disability Darts World Cup (team event).

        18. 18.Professional Darts Corporation – Players' Championship.

        19. 19.Professional Darts Corporation – World Youth Championship.

        20. 20.Professional Darts Corporation – Unibet Premier League.

        21. 21.World Disability Darts Championships (singles).

        22. 22.ATP Tour Tennis, WTA Tour Tennis and ITF Tour Tennis....

        23. 23.Scottish Horseracing meetings.

        24. 24.World Snooker Tour – Scottish Open.

        25. 25.British Curling Team – Wheelchair Curling Event.

        26. 26.British Curling Team – Men's and Women's Team Events.

        27. 27.Curling – World Mixed Doubles Championship.

        28. 28.European Grand Slam Curling.

        29. 29.FIM Speedway Grand Prix qualification events.

        30. 30.Professional GB Speedway Championship.

        31. 31.Cycling – Tour of Britain.

        32. 32.Mountain Biking – Enduro World Series.

        33. 33.Loch Ness Marathon.

        34. 34.Trail Running – Skyline Scotland.

        35. 35.Motorsport – Mull Rally.

        36. 36.Scottish Badminton Championships.

        37. 37.Scottish Squash Open.

        38. 38.Windsurfing – Tiree Wave Classic.

      2. PART 2

        1. 39.European Professional Club Football fixtures, including UEFA Champions League, Europa...

        2. 40.International Football – UEFA Under-21 Championship fixtures involving Turkey.

        3. 41.European Tour Golf – Alfred Dunhill Links Championship

        4. 42.Golf – AIG Women's Open.

        5. 43.Golf – ASI Scottish Open.

        6. 44.Trust Golf Women's Scottish Open.

    7. SCHEDULE 7

      Operators: required information

      1. 1.The required information to be provided under regulation 38 (provision...

      2. 2.The required information to be provided under regulation 39 (provision...

      3. 3.The required information to be provided under regulation 40 (provision...

      4. 4.The required information to be provided under regulation 41 (provision...

    8. SCHEDULE 8

      Passenger notices

      1. PART 1

      2. PART 2

    9. SCHEDULE 9

      Revocations

    10. SCHEDULE 10

      Transitional provisions

      1. 1.Interpretation

      2. 2.Part 2 (requirement to provide information)

      3. 3.Part 2A (testing following arrival in Scotland)

      4. 4.Confirmation given by the Foreign, Commonwealth and Development Office before...

      5. 5.Part 3 (managed self-isolation package)

      6. 6.A designation by the Scottish Ministers pursuant to regulation 6A(6)...

      7. 7.A designation by the Scottish Ministers pursuant to regulation 6A(8)...

      8. 8.Confirmation given by the Secretary of State or the Scottish...

      9. 9.Part 4 (enforcement)

      10. 10.Schedule 2 (persons not required to comply with regulations 3, 5A or 5D to 6B)

      11. 11.Confirmation by the relevant Department before 20 September 2021 pursuant...

      12. 12.Confirmation by the Foreign, Commonwealth and Development Office before 20...

      13. 13.A designation by the relevant Department or employer before 20...

      14. 14.Certification by the relevant Department or the Scottish Ministers under...

      15. 15.Schedule 2A (testing before arrival in Scotland)

      16. 16.Confirmation given by the Foreign, Commonwealth and Development Office pursuant...

  14. Explanatory Note

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