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

Regulation 2(5)

[F1 SCHEDULE 5A S Application of Regulations to COP 26 participants

Textual Amendments

F1 Sch. 5A inserted (9.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/357), regs. 1(2), 15(2) (with reg. 16(1))

1.— (1) These Regulations apply in relation to participants in the COP World Leaders summit event (“the WLS event”) and the COP with the modifications contained in this schedule. S

(2) A person (“P”) is a participant in the WLS event for the purposes of sub-paragraph (1) where sub-paragraph (3) and (4) apply in relation to P.

(3) P—

(a) either—

(i) travelled to the United Kingdom for the purpose of attending or facilitating the WLS event, and P is in Scotland for the purpose of attending or facilitating the WLS event or of travelling in order to leave the United Kingdom, or

(ii) travelled to the United Kingdom for another purpose, and after their arrival is attending, facilitating, or travelling to or from the WLS event, and

(b) has been invited by Her Majesty’s Government to attend or facilitate the WLS event.

(4) The relevant person has—

(a) provided written confirmation to the Foreign, Commonwealth and Development Office that P will comply with the health protocols for the WLS event, and

(b) received written confirmation from the Foreign, Commonwealth and Development Office that P is a person described in sub-paragraph (2) and the Foreign, Commonwealth and Development Office has not withdrawn the confirmation.

(5) Where P is—

(a) attending or facilitating the WLS event on behalf of a State, the relevant person for the purposes of sub-paragraph (4) is the relevant head of the mission or head of consular post in the United Kingdom, or, where no such person exists, the Minister for Foreign Affairs or a person acting on their authority,

(b) attending or facilitating the WLS event on behalf of a foreign territory, the relevant person for the purposes of sub-paragraph (4) is the head of the office representing the foreign territory in the United Kingdom,

(c) attending or facilitating the WLS event on behalf of an organisation, the relevant person for the purposes of sub-paragraph (4) is the head of the organisation,

(d) attending or facilitating the WLS event on their own behalf, the relevant person for the purposes of sub-paragraph (4) is P.

(6) For the purposes of sub-paragraph (5) “head of the mission” and “head of consular post” has the same meaning as in paragraph 1(5) of schedule 4.

(7) A person (“P”) is a participant in the COP for the purposes of sub-paragraph (1) where sub-paragraph (8) applies in relation to P.

(8) P—

(a) either—

(i) travelled to the United Kingdom for the purpose of attending or facilitating the COP, and P is in Scotland for the purpose of attending or facilitating the COP or of travelling in order to leave the United Kingdom, or

(ii) travelled to the United Kingdom for another purpose, and after their arrival is attending, facilitating, or travelling to or from the COP,

(b) is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat,

(c) has provided written confirmation to the Cabinet Office that P will comply with the health protocols for the COP, and

(d) has received written confirmation from the Cabinet Office that P is a person described in this sub-paragraph and the Cabinet Office has not withdrawn the confirmation.

World Leaders summit event invitees and COP 26 representatives S

2.— (1) This paragraph applies to a person (“P”) where P is—

(a) a person described in paragraph 1(3) of schedule 4, who is attending the COP, and

(b) a person—

(i) invited by Her Majesty’s Government to attend the WLS event,

(ii) invited by Her Majesty’s Government to attend both the COP World Leaders summit event and the COP, or

(iii) described in schedule 5 (COP 26 representatives).

(2) Where this paragraph applies—

(a) P is not required to comply with regulations 4 to 6 (passenger information),

(b) P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c) P is not required to comply with regulations 11 to 18 (testing following arrival in Scotland),

(d) P is not required to comply with regulations 19 to 25 (managed isolation),

(e) P is not required to comply with regulations 26 and 27 (self-isolation).

Eligible COP participant who is not a red list arrival S

3.— (1) This paragraph applies to a person (“P”) where—

(a) P is not a person to whom paragraph 2 (World Leaders summit event invitees and COP 26 representatives) applies,

(b) P is a person described in paragraph 1(3) of schedule 4, who is attending the COP,

(c) P is not a red list arrival,

(d) P—

(i) satisfies the requirements in regulation 3(2)(a), (b), (c) and (f), (3)(a) and (c), (4)(a) and (c), (5), (6)(a) and (c) or (7),

(ii) has completed a course of doses of an authorised vaccine, and P received the final dose before the start of the period beginning with the 14th day before the date of P’s arrival in the United Kingdom,

(iii) has participated, or is participating, in a clinical trial regulated by the regulator in the country where the trial is carried out of a vaccine against coronavirus, or

(iv) is under the age of 18 when P enters the United Kingdom for the purposes of attending or facilitating the COP, and

(e) P has declared on the Passenger Locator Form that P meets the applicable requirement in paragraph (d).

(2) For the purposes of paragraph (1)(d)(ii)—

(a) P has completed a course of doses of an authorised vaccine if P has received the complete course of doses of the authorised vaccine as specified in the manufacturer’s guidance for that vaccine,

(b) “authorised vaccine” means a vaccine against coronavirus authorised, in relation to doses received in a country other than the United Kingdom,

(i) in the case of doses received in a relevant country listed in regulation 3(12), following evaluation by the relevant regulator for that country, or otherwise by the government of that country or pursuant to its authority,

(ii) in the case of doses received in a relevant country listed in schedule 1A, in the United Kingdom in accordance with head (i) or (ii) of paragraph (a) of the definition of “authorised vaccine” in regulation 3(11), or by the government of the relevant country or pursuant to its authority,

(iii) in the case of doses received in another country, following evaluation by the regulator for that country or otherwise by the government of that country, or pursuant to its authority,

(c) in paragraph (b)(i), “relevant country” and “relevant regulator” have the meanings given in regulation 3(11),

(3) Where this paragraph applies—

(a) notwithstanding regulation 6(1), P is required to comply with regulations 4 to 6 (passenger information),

(b) notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c) P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland) as if—

(i) P were an eligible vaccinated arrival, and

(ii) “testing package” means a day 2 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(d) P is not required to comply with regulations 19 to 25 (managed isolation),

(e) P is not required to comply with regulations 26 and 27 (self-isolation).

Non-eligible COP participant who is not a red list arrival S

4.— (1) This paragraph applies to a person (“P”) where—

(a) P is not a person to whom paragraph 2 (world leader summit invitees and COP 26 representatives) applies,

(b) P is a person described in paragraph 1(3) of schedule 4, who is attending the COP,

(c) P is not a red list arrival,

(d) P does not meet the requirements described in paragraph 3(1)(d) and (e).

(2) Where this paragraph applies—

(a) notwithstanding regulation 6(1), P is required to comply with regulations 4 to 6 (passenger information),

(b) notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c) P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland) as if—

(i) P were an eligible vaccinated arrival, and

(ii) “testing package” means a day 2 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(d) P is not required to comply with regulations 19 to 25 (managed isolation),

(e) P is not required to comply with regulations 26 and 27 (self-isolation).

Eligible COP participant who is a red list arrival S

5.— (1) This paragraph applies to a person (“P”) where—

(a) P is not a person to whom paragraph 2 applies (world leader summit invitees and COP 26 representatives),

(b) P is a person described in paragraph 1(3) of schedule 4, who is attending the COP,

(c) P is a red list arrival,

(d) P—

(i) satisfies the requirements in regulations 3(2)(a), (b), (c) and (f), (3)(a) and (c), (4)(a) and (c), (5), (6)(a) and (c) or (7),

(ii) has completed a course of doses of an authorised vaccine, and P received the final dose before the start of the period beginning with the 9th day before the date of P’s arrival in the United Kingdom,

(iii) has participated, or is participating, in a clinical trial regulated by the regulator in the country where the trial is carried out of a vaccine for vaccination against coronavirus, or

(iv) is under the age of 18 when P enters the United Kingdom for the purposes of attending or facilitating the COP, and

(e) P has declared on the Passenger Locator Form that P meets the applicable requirement in paragraph (d).

(2) Where this paragraph applies—

(a) the reference to “the 14th day” in regulation 3(2)(a) and in regulation 3(6)(a) is to be read as if it were a reference to “the 9th day”,

(b) notwithstanding regulation 6(1), P is required to comply with regulations 4 to 6 (passenger information),

(c) notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(d) P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland) as if P is not an eligible vaccinated arrival and with the modifications in sub-paragraph (3),

(e) P is required to comply with regulations 19 to 25 (managed isolation) as if, in regulation 21(1)(a), the reference to “the 10th day” were a reference to “the 5th day”,

(f) P is not required to comply with regulations 26 and 27 (self-isolation).

(3) The modifications are as follows—

(a) “testing package” means a day 2 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(b) regulation 21(1)(a) applies as if the reference to “the 10th day” were a reference to “the 5th day”,

(c) where P’s day 2 test generates a negative result, P must remain in the designated accommodation until the end of the 5th day after the day on which P arrived in Scotland,

(d) where P’s day 2 test generates an inconclusive result, P must remain in the designated accommodation—

(i) until the end of the 10th day after the day P undertook the test,

(ii) where P undertakes a test to which regulation 16(8) applies and the test generates a negative result, until the end of the 5th day after the day on which P arrived in Scotland or, if later, the day on which P receives the negative result.

(iii) where P undertakes a test to which regulation 16(8) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test (in which case P is not required to undertake a day 8 test),

(e) regulation 16 does not apply in relation to the result generated from P’s day 8 test.

Non-eligible COP participant who is a red list arrival S

6.— (1) This paragraph applies to a person (“P”) where—

(a) P is not a person to whom paragraph 2 (World Leader summit event invitees and COP 26 representatives) applies,

(b) P is a person described in paragraph 1(3) of schedule 4, who is attending the COP,

(c) P is a red list arrival,

(d) P does not meet the requirements described in paragraph 5(1)(d) and (e).

(2) Where this paragraph applies—

(a) notwithstanding regulation 6(1), P is required to comply with regulations 4 to 6 (passenger information),

(b) notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c) P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland), as if—

(i) P is not an eligible vaccinated arrival, and

(ii) “testing package” means a day 2 test and day 8 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(d) P is required to comply with regulations 19 to 25 (managed isolation),

(e) P is not required to comply with regulations 26 and 27 (self-isolation).]