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

Changes over time for: SCHEDULE 4

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Version Superseded: 18/03/2022

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Point in time view as at 11/02/2022.

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There are currently no known outstanding effects for the The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021, SCHEDULE 4. Help about Changes to Legislation

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Regulations 6, 10, 18,25, 26, 27 and 42

SCHEDULE 4SExemptions

This schedule has no associated Policy Notes

PART 1SDiplomats, Crown Servants, visiting forces etc.

[F11.—(1) A person (“P”) who is—S

(a)a member of a diplomatic mission in the United Kingdom,

(b)a member of a consular post in the United Kingdom,

(c)passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(d)a sovereign or other head of State who enjoys immunities and privileges by virtue of the State Immunity Act 1978,

(e)a member of the family forming part of the household of a person falling within any of paragraphs (a) to (d),

(f)a diplomatic courier or a consular courier.

(2) A person (“P”) described in sub-paragraph (5)(a) who meets the conditions set out in sub-paragraph (6).

(3) A person (“P”) who is travelling to the United Kingdom to conduct official business who—

(a)is described in sub-paragraph (5)(b) to (e) and meets the conditions set out in sub-paragraph (7),

(b)is described in sub-paragraph (5)(f) and meets the conditions set out in sub-paragraph (8).

(4) A person (“P”) described in sub-paragraph (5)(f) to (h) who is travelling to the United Kingdom to conduct official business with the United Kingdom and meets the conditions set out in sub-paragraph (9).

(5) A person who—

(a)enjoys relevant immunities and privileges in the United Kingdom,

(b)is an officer or servant of an international organisation,

(c)is employed by an international organisation as an expert or on a mission,

(d)is a representative to an international organisation,

(e)is a member of the official staff of a representative to an international organisation,

(f)is a representative of a foreign country or territory,

(g)is a representative of the government of a British overseas territory,

(h)is a specified person.

(6) The conditions referred to in sub-paragraph (2) are—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is travelling to the United Kingdom, the office held by P and the capacity in which P is travelling to the United Kingdom, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to fall within the description in sub-paragraph (5)(a).

(7) The conditions referred to in sub-paragraph (3)(a) are—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to be travelling to the United Kingdom to conduct relevant work.

(8) The conditions referred to in sub-paragraph (3)(b) are—

(a)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work relating to—

(i)essential maintenance and repair of an information technology or security system necessary for the functioning of a mission or consular post in the United Kingdom which represents the relevant foreign country, or

(ii)the holding of an election or referendum in accordance with the laws or regulations of a foreign country or territory, and

(b)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work.

(9) The conditions referred to in sub-paragraph (4) are—

(a)where P is not a specified person—

(i)the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work, and

(ii)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in sub-head (i) that P is travelling to the United Kingdom to conduct official business with the United Kingdom,

(b)where P is a specified person—

(i)P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii)prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom.

(10) For the purposes of this paragraph—

“consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

“diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

“member of a consular post” means a “consular officer”, “consular employee” and “members of the service staff” as defined in schedule 1 of the Consular Relations Act 1968, and “head of consular post” has the meaning given in that schedule,

“member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in schedule 1 of the Diplomatic Privileges Act 1964,

“relevant immunities and privileges” means inviolability, immunity from arrest or detention, or any immunity or privilege with equivalent effect which is accorded (other than by virtue of being a person described in sub-paragraphs (1) or (5)(b) to (g)) to any person under the law of Scotland,

“relevant work” means—

(a)

where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the functioning of the relevant international organisation,

(b)

where P is a person described in sub-paragraph (5)(f), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the foreign country represented by the relevant mission or consular post in the United Kingdom or the foreign territory represented by the relevant office in the United Kingdom (as the case may be),

(c)

where P is a person described in sub-paragraph (5)(g), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the relevant British overseas territory,

“specified person” means a person who is a member of the democratic opposition in a foreign country or territory, a member of a political party in a foreign country or territory, or who undertakes activities in a foreign country or territory that support government policy related to national security, the promotion and protection of human rights, the mitigation of, or adaptation to, climate change, the maintenance of international peace and security, or the maintaining or enhancing of biodiversity,

“stipulated person” means—

(a)

where P is a person described in sub-paragraph (5)(a), the head of the relevant international organisation, the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of office representing a foreign territory in the United Kingdom (as the case may be),

(b)

where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), the head of the relevant international organisation,

(c)

where P is a person described in sub-paragraph (5)(f), the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be),

(d)

where P is a person described in sub-paragraph (5)(g), the relevant Governor of a British overseas territory.

(11) Any exemption provided for in this schedule or any other provision of these Regulations is without prejudice to any immunity or privilege which is accorded to any person under the law of Scotland.]

Textual Amendments

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

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom F2..., or

(b)undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i)is required to return to the United Kingdom temporarily,

(ii)will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M1 (“the 1989 Act”),

“essential government work” means work which has been designated as such by the relevant Department or employer, and

“government contractor” has the meaning given in section 12(2) of the 1989 Act.

Textual Amendments

Commencement Information

I1Sch. 4 para. 2 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

3.—(1) A person who is a Crown servant, a government contractor or a member of a visiting force, who—S

(a)is required to undertake work necessary to the delivery of essential defence activities, F3...

[F4(b)has travelled from a point of origin, other than a red list country, on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any red list country, or]

(c)has undertaken a continuous period of at least 10 days immediately preceding their arrival aboard a vessel operated by or in support of Her Majesty's Naval Service or by or in support of a visiting force, [F5where the person has not disembarked] and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least 10 days immediately preceding its arrival in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989, and

“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty's Government in the United Kingdom.

Textual Amendments

Commencement Information

I2Sch. 4 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  An official of a foreign Government, required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—S

[F6(a)they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom, or]

(b)their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Textual Amendments

Commencement Information

I3Sch. 4 para. 4 in force at 20.9.2021, see reg. 1(2)

F74A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

5.—(1) Any person who has been certified by the relevant Department or the Scottish Ministers as meeting the description in heads (a), (b) or (c)—S

(a)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom [F8or is returning from conducting essential policing or essential government work outside of the United Kingdom,]

(b)a person [F9required to undertake essential state business in the United Kingdom or] returning from conducting essential state business outside of the United Kingdom,

[F10(c)a person returning to the United Kingdom where this is necessary to facilitate essential government operations.]

(2) For the purposes of sub-paragraph (1)—

“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

“Crown Servant” and “government contractor” have the meanings given in paragraph 2(2),

[F11“essential government operations” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, activity relating to the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty,]

“essential government work” means work which has been designated as such by the relevant Department or the Scottish Ministers and includes, in particular—

(a)

work related to national security,

(b)

the work of the National Crime Agency in pursuance of its statutory functions, and

(c)

work related to immigration, coronavirus or any other crisis response,

but does not include work of the description in paragraph 2 of this schedule,

“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty's Government by the relevant Department, and includes, in particular—

(a)

bilateral or multilateral discussions with another state or international organisation, and

(b)

visits to another state on behalf of the United Kingdom or Her Majesty's Government.

Textual Amendments

Commencement Information

I4Sch. 4 para. 5 in force at 20.9.2021, see reg. 1(2)

6.—(1) A person [F12required to undertake essential or emergency work in the United Kingdom or] returning from conducting essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department or the Scottish Ministers as necessary to facilitate essential government work F13....S

(2) For the purposes of sub-paragraph (1), “essential government work” [F14has the meaning] given in paragraph 5.

Textual Amendments

Commencement Information

I5Sch. 4 para. 6 in force at 20.9.2021, see reg. 1(2)

F157.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F16PART 1ASLaw enforcement

Textual Amendments

7A.  An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting police activities, where the relevant Department, the chief constable of the Police Service of Scotland or other police force in the United Kingdom has certified that the activities are essential to the foreign police force.S

7B.  A person responsible for escorting a person for the purposes of the Repatriation of Prisoners Act 1984, the Colonial Prisoners Removal Act 1884, or the Extradition Act 2003.]S

PART 2STransport

8.—(1) A road passenger transport worker [F17where they have travelled to the United Kingdom in the course of their work].S

(2) For the purposes of this paragraph—

“road passenger transport worker” means—

(a)

the driver of a public service vehicle, or

(b)

a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, F18...,

“driver” includes a person who is travelling in a vehicle as a relief driver, and

“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981 M2.

Textual Amendments

Commencement Information

I6Sch. 4 para. 8 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M21981 c. 81. Section 1 has been amended by the Transport Act 1985 (c. 67), section 139 and schedule 8.

9.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995 M3 (“the 1995 Act”), where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.S

(2) A pilot, as defined in paragraph 22(1) of schedule 3A of the 1995 Act M4, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom.

(3) An inspector or a surveyor of ships, appointed under section 256 of the 1995 Act, or by a government of a relevant British possession as defined in section 313(1) of the 1995 Act, where they have travelled to the United Kingdom in the course of their work.

(4) For the purposes of sub-paragraph (1)—

“the Maritime Labour Convention, 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation, and

“the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation.

(5) For the purposes of this paragraph, a person does not travel to the United Kingdom in the course of their work where they—

(a)arrive by air,

(b)are returning to the United Kingdom for a period of contracted leave, and

(c)are not under contract to work in the common travel area during the period during which they would, but for this paragraph, be required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations.

Commencement Information

I7Sch. 4 para. 9 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M4Schedule 3A was inserted by schedule 1 of the Marine Safety Act 2003 (c. 16).

10.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.S

(2) For the purposes of this paragraph—

(a)“member of aircraft crew” means a person who—

(i)acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii)is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016 M5 or [F19under Annex III or Annex VI of the Air Operations Regulation], or

(iii)is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft,

(b)travel for work purposes includes, in particular—

(i)where a member of aircraft crew resides outside of the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii)travelling to attend work-related training in the United Kingdom,

(iii)returning to the United Kingdom following work-related training outside of the United Kingdom,

[F20(iv)returning to the United Kingdom following work as a member of aircraft crew outside of the United Kingdom,]

[F21(c) “Air Operations Regulation” has the meaning given in paragraph 1 of schedule 1 of the Air Navigation Order 2016.]

Textual Amendments

Commencement Information

I8Sch. 4 para. 10 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

11.  An in-flight security officer who has travelled to the United Kingdom in the course of their work and is deployed pursuant to an international agreement to which the United Kingdom is a party.S

Commencement Information

I9Sch. 4 para. 11 in force at 20.9.2021, see reg. 1(2)

12.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—S

(a)drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system, and

(b)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1) and paragraph 14—

“shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987 M6, and

“tunnel system” has the meaning given in section 1(7) of that Act.

Commencement Information

I10Sch. 4 para. 12 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

13.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944 M7, where they have travelled to the United Kingdom when engaged on inspection duties.S

Commencement Information

I11Sch. 4 para. 13 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M7The latest edition of Annex 9, which is published by the International Civil Aviation Organsization, is the 15th edition, which applied from 23 February 2018 (ISBN 978-92-9258-301-9).

14.  Operational, rail maintenance, safety and security workers working on the tunnel system who have travelled to the United Kingdom in the course of their work.S

Commencement Information

I12Sch. 4 para. 14 in force at 20.9.2021, see reg. 1(2)

15.—(1) A road haulage worker [F22where they have travelled to the United Kingdom in the course of their work].S

(2) For the purposes of this paragraph—

(a)“road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M8 on common rules for access to the international road haulage market F23....

(b)“driver” includes a person who is travelling in a vehicle as a relief driver,

(c)“goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M9.

Textual Amendments

Commencement Information

I13Sch. 4 para. 15 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M8OJ No. L 300, 14.11.2009, p.72.

M91988 c. 52. There are amendments to section 192 but none is relevant.

F2416.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F25PART 3SExtradition

Textual Amendments

17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F26PART 4SEmergency, specialist and technical workers

Textual Amendments

20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

PART 5SHealthcare

F2735.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

36.—(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a healthcare provider.S

(2) For the purposes of sub-paragraph (1)—

“blood” includes blood components, and

[F28“healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth.]

Textual Amendments

Commencement Information

I14Sch. 4 para. 36 in force at 20.9.2021, see reg. 1(2)

F2937.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F2938.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F2939.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F2940.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F30PART 6SSeasonal Agricultural Workers

Textual Amendments

41.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F31PART 7SSports and culture

Textual Amendments

42.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

44.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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