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

Part 6 (self-isolation): offences and penalties S

32.—(1) It is an offence for a person to contravene a requirement in—

(a) regulation 26(2) (requirement to travel to and stay in specified premises), or

(b) regulation 26(8) (requirement in relation to a child).

(2) It is a defence to a charge of committing an offence under paragraph (1)(a) for a person (“P”) to show that they are outside of the place where they are staying in accordance with regulation 26(2) for one of the following reasons—

(a) to travel, in order to leave Scotland, provided that P does so directly (except where regulation 16(1)(a)(ii) applies in relation to P),

(b) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household),

(c) to seek medical assistance, including to access services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical and health practitioners, including services relating to mental health,

(d) to access veterinary services,

(e) on compassionate grounds, to attend a funeral of—

(i) a member of P's household,

(ii) a close family member, or

(iii) if no-one within heads (i) or (ii) is attending, a friend,

(f) on compassionate grounds, for reasons relating to the end of a person's life,

(g) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(h) to access public services (including social services or victims' services) where—

(i) access to the service is critical to P's well-being, and

(ii) the service cannot be provided if P remains at P's specified premises,

(i) to avoid injury, illness or to escape risk of harm,

(j) to move to a different place for the purposes of regulation 26(2) where—

(i) a legal obligation requires P to change the specified premises where P is staying for the purposes of that regulation, or

(ii) P is otherwise unable to remain at the specified premises where P is staying for the purposes of that regulation.

(3) It is a defence to a charge under paragraph (1)(b) to show that P, in the circumstances, had a reasonable excuse.

(4) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Commencement Information

I1 Reg. 32 in force at 20.9.2021, see reg. 1(2)