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

Requirement to ensure passengers possess notification of a negative test result

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43.—(1) Subject to paragraph (3), an operator must ensure that a passenger who arrives at a port in Scotland on a relevant service is in possession of a coronavirus notification.

(2) A child is to be treated as possessing a coronavirus notification if such a notification is possessed by a person who is travelling with, and has responsibility for, that child.

(3) Paragraph (1) does not apply in relation to a passenger—

(a)whom the operator, or a person acting on behalf of the operator, reasonably believes—

(i)is not required to comply with Part 3 of these Regulations (testing prior to arrival in Scotland), or

(ii)has a reasonable excuse for failing to comply with the requirements of that Part,

(b)who is being lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation,

(c)who is a child, travelling without a responsible adult, or

(d)who is a transit passenger, who does not have the right to enter the country or territory from which the relevant service departs.

(4) In this regulation, “transit passenger” means a person who has arrived in the country or territory from which the relevant service departs with the intention of passing through to Scotland without entering that country or territory.