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

Regulation 52

SCHEDULE 10 Transitional provisions

Interpretation

1.  In this schedule, “ the 2020 Regulations” means the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020(1), and references to numbered Parts and Schedules are to the Parts of those Regulations so numbered, unless the context otherwise requires.

Part 2 (requirement to provide information)

2.  Passenger information provided before 20 September 2021 by a person pursuant to regulation 3(2) of the 2020 Regulations in advance of arrival in Scotland is treated as passenger information provided for the purposes of regulation 4(2) of these Regulations where the person arrives in Scotland on or after that date.

Part 2A (testing following arrival in Scotland)

3.  Notification provided to the test provider before 20 September 2021 by a person pursuant to regulation 5E of the 2020 Regulations (obligation to provide information) in advance of arrival in Scotland is treated as notification provided for the purposes of regulation 13 of these Regulations where the person arrives in Scotland on or after that date.

4.  Confirmation given by the Foreign, Commonwealth and Development Office before 20 September 2021 that a person is not required to comply with regulations 5D to 5J of the 2020 Regulations pursuant to regulation 5K of the 2020 Regulations (exclusion of certain diplomatic etc. personnel) is treated as confirmation that the person is not required to comply with Part 4 in accordance with regulation 18 of these Regulations where the person arrives in Scotland on or after that date.

Part 3 (managed self-isolation package)

5.  A booking of a managed self-isolation package made before 20 September 2021 which satisfies the requirements of regulation 6A(4) of the 2020 Regulations is treated as satisfying the requirements of regulation 20(3) of these Regulations where the person to whom the booking relates arrives in Scotland on or after that date.

6.  A designation by the Scottish Ministers pursuant to regulation 6A(6) of the 2020 Regulations of accommodation or transportation has effect as a designation of accommodation or transportation, as the case may be, under regulation 20(6) of these Regulations.

7.  A designation by the Scottish Ministers pursuant to regulation 6A(8) of the 2020 Regulations of a person who may impose a charge for the managed self-isolation package has effect as a designation under regulation 23 of these Regulations.

8.  Confirmation given by the Secretary of State or the Scottish Ministers before 20 September 2021 that P is a relevant person in accordance with regulation 6D of the 2020 Regulations (modification of regulations 6A and 6B) is treated as confirmation that the person is a relevant person in accordance with regulation 22 of these Regulations (modification of regulations 20 and 21) where the person arrives in Scotland on or after that date with references to a managed isolation package to be read accordingly.

Part 4 (enforcement)

9.  Authorisation by the Scottish Ministers under regulation 9(7)(g) and (8)(a) of the 2020 Regulations (offences and penalties – Parts 3 and 4) of a person who may grant permission under that regulation has effect as authorisation under regulation 31(3)(f) and (4)(a) of these Regulations.

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

10.  Confirmation given by the Foreign, Commonwealth and Development Office before 20 September 2021 pursuant to paragraph 1(2)(b) of schedule 2 of the 2020 Regulations is treated as confirmation that a person is not required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations where the person arrives in Scotland on or after that date.

11.  Confirmation by the relevant Department before 20 September 2021 pursuant to paragraph 1(1A)(d) of schedule 2 of the 2020 Regulations (COP 26 etc.) is treated as confirmation under paragraph 1(3)(d) of schedule 4 of these Regulations where the person concerned arrives in Scotland on or after that date, and that confirmation as not been withdrawn.

12.  Confirmation by the Foreign, Commonwealth and Development Office before 20 September 2021 pursuant to paragraph 1A of schedule 2 of the 2020 Regulations that a person is not required to comply with regulation 6 of those Regulations (requirement for travellers to stay in specified premises) is treated as confirmation that a person is not required to comply with Part 6 (self-isolation) of these Regulations pursuant to paragraph 7 of schedule 4 of these Regulations where the person arrives in Scotland on or after that date.

13.  A designation by the relevant Department or employer before 20 September 2021 pursuant to paragraph 2(2) of schedule 2 of work which is “essential government work” has effect as a designation under paragraph 2(2) of schedule 4 of these Regulations where the person to whom it applies arrives in Scotland on or after that date.

14.  Certification by the relevant Department or the Scottish Ministers under paragraphs 14 or 14A of schedule 2 of the 2020 Regulations issued before 20 September 2021 that a person is of the description or is undertaking work of the description in those paragraphs, is treated as certification that the person is of the description or is undertaking work of the description in paragraphs 5 or 6 of schedule 4 of these Regulations where the person concerned arrives in Scotland on or after that date.

Schedule 2A (testing before arrival in Scotland)

15.  Certification by the relevant Department or the Scottish Ministers pursuant to paragraph 4(1)(a) and (b) of schedule 2A of the 2020 Regulations and issued before 20 September 2021 that a person is not required to comply with regulation 5A of those Regulations is treated as certification pursuant to regulation 10(1)(c) and (d) of these Regulations that the person is not required to comply with Part 3 of these Regulations where the person concerned arrives in Scotland on or after that date.

16.  Confirmation given by the Foreign, Commonwealth and Development Office pursuant to paragraph 4(1)(c)(ii) of schedule 2A of the 2020 Regulations and issued before 20 September 2021 that a person is not required to comply with regulation 5A of those Regulations is treated as confirmation pursuant to regulation 10(1)(e)(ii) of these Regulations that the person is not required to comply with Part 3 of these Regulations where the person concerned arrives in Scotland on or after that date.

(1)

S.S.I. 2020/169, last amended by S.S.I. 2021/319.