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

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Point in time view as at 11/02/2022.

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SCHEDULES

Regulation 2

SCHEDULE 1SRed list countries

Commencement Information

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

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Regulation 3

[F27SCHEDULE 1ASRelevant countries

Textual Amendments

  • [F28Albania]

  • [F29Algeria]

  • [F30Angola]

  • [F30Anguilla]

  • Antigua and Barbuda

  • [F30Argentina]

  • [F30Armenia]

  • [F30Azerbaijan]

  • [F28Bahamas]

  • Bahrain

  • [F28Bangladesh]

  • Barbados

  • [F31Belarus]

  • [F30Belize]

  • [F30Bermuda]

  • [F32Bhutan]

  • [F31Bolivia]

  • [F28Bosnia and Herzegovina]

  • [F30Botswana]

  • [F28Brazil]

  • [F31British Antarctic Territory]

  • [F31British Indian Ocean Territory]

  • [F31British Virgin Islands]

  • Brunei

  • [F30Cambodia]

  • [F32Cameroon]

  • [F30Cayman Islands]

  • [F28Chile]

  • [F29China]

  • [F28Colombia]

  • [F30Costa Rica]

  • [F32Cote d’Ivoire]

  • [F32Cyprus, northern]

  • [F31Democratic Republic of the Congo]

  • [F30Djibouti]

  • Dominica

  • [F31Dominican Republic]

  • [F31Ecuador]

  • [F28Egypt]

  • [F30Eswatini]

  • [F31Falkland Islands]

  • [F32Fiji]

  • [F28Georgia]

  • [F28Ghana]

  • [F30Gibraltar]

  • [F28Grenada]

  • [F31Guernsey]

  • [F29Guatemala]

  • [F30Guyana]

  • [F30Honduras]

  • [F28Hong Kong]

  • [F28India]

  • [F28Indonesia]

  • [F29Iran]

  • [F32Iraq]

  • [F31Isle of Man]

  • Israel

  • [F28Jamaica]

  • Japan

  • [F31Jersey]

  • [F28Jordan]

  • [F29Kazakhstan]

  • [F28Kenya]

  • [F28Kosovo]

  • Kuwait

  • [F29Kyrgyzstan]

  • [F31Laos]

  • [F30Lebanon]

  • [F30Lesotho]

  • [F32Liberia]

  • [F31Libya]

  • [F29Macau SAR]

  • [F30Madagascar]

  • [F31Malawi]

  • Malaysia

  • [F28Maldives]

  • [F32Mali]

  • [F32Mauritania]

  • [F30Mauritius]

  • [F29Mexico]

  • [F28Moldova]

  • [F30Mongolia]

  • [F28Montenegro]

  • [F31Montserrat]

  • [F28Morocco]

  • [F31Mozambique]

  • [F28Namibia]

  • [F30Nepal]

  • New Zealand

  • [F32Niger]

  • [F28Nigeria]

  • [F28North Macedonia]

  • [F30Occupied Palestinian Territories]

  • [F28Oman]

  • [F28Pakistan]

  • [F32Palau]

  • [F30Panama]

  • [F32Papua New Guinea]

  • [F32Paraguay]

  • [F30Peru]

  • [F31Pitcairn, Henderson, Ducie and Oeno Islands]

  • Qatar

  • [F30Rwanda]

  • [F31Saint Helena, Ascension and Tristan da Cunha]

  • [F31Samoa]

  • [F29Sao Tome and Principe]

  • Saudi Arabia

  • [F31Senegal]

  • [F28Serbia]

  • [F30Seychelles]

  • [F30Sierra Leone]

  • Singapore

  • [F32Solomon Islands]

  • [F28South Africa]

  • [F31South Georgia and the South Sandwich Islands]

  • South Korea

  • [F29South Sudan]

  • [F32The Gambia]

  • [F31The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]

  • [F30Sri Lanka]

  • [F28St Kitts and Nevis]

  • [F28St Lucia]

  • [F28St Vincent and the Grenadines]

  • [F30Suriname]

  • Taiwan

  • [F30Tanzania]

  • [F28Thailand]

  • [F28The Philippines]

  • [F29Timor-Leste]

  • [F29Tonga]

  • [F30Trinidad and Tobago]

  • [F30Tunisia]

  • [F28Turkey]

  • [F29Turkmenistan]

  • [F31Turks and Caicos Islands]

  • [F30Uganda]

  • [F28Ukraine]

  • the United Arab Emirates.

  • [F30Uruguay]

  • [F32Uzbekistan]

  • [F31Vanuatu]

  • [F28Vietnam]

  • [F31Zambia]

  • [F31Zimbabwe]]

Textual Amendments

Regulation 2

F33SCHEDULE 2SGreen list countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 2

SCHEDULE 3SPassenger Information

1.  Personal details of the passenger—S

(a)their full name,

(b)their sex,

(c)their date of birth,

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and country of issue,

(e)their telephone number (including national dialling code, country and city code, if applicable),

(f)their home address, and

(g)their email address.

Commencement Information

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

2.  Journey details of the passenger—S

(a)the address where—

(i)in the case of a person who is required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation), they intend to stay in accordance with the requirements of those Parts, or

(ii)in the case of any other person, they intend to stay during the period of 10 days beginning on the day after the date of their arrival in Scotland,

(b)in the case of a person who is required to comply with Part 5, the booking reference number for the managed isolation package booked by or on behalf of that person,

(c)the date, or planned date (as appropriate) of their arrival at an address specified in sub-paragraph (a),

(d)the operator they are travelling with or through which their booking was made,

(e)the flight number, train number or ticket number (as appropriate),

F34(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the location at which they will arrive in the United Kingdom,

(h)the country or territory they are travelling from,

(i)the part of the country or territory they are travelling from, if that part—

(i)is specified in schedule 1 F35..., or

(ii)is, where the country or territory itself is specified in [F36schedule 1], expressly excluded in relation to that country or territory,

(j)any other country or territory they have departed from or transited through in the period beginning with the 10th day before the date of their arrival in Scotland and in any such case, the dates of departing from or transiting through any such country or territory,

(k)any part of that other country or territory which they have departed from or transited through during that period, including the dates of departure or transit, if that part—

(i)is specified in schedule 1 F37..., or

(ii)is, where the country or territory itself is specified in [F38schedule 1], expressly excluded in relation to that country or territory.

(l)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom,

(m)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from in the United Kingdom,

(ii)their final destination country or territory,

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

(iv)the travel booking reference for their onward journey,

(v)the flight number, train number or ticket number (as appropriate) of their onward journey.

Textual Amendments

Commencement Information

I3Sch. 3 para. 2 in force at 20.9.2021, see reg. 1(2)

3.  Where the passenger is travelling with a child for whom they have responsibility—S

(a)the full name and date of birth of that child, and

(b)the relationship of the passenger to that child.

Commencement Information

I4Sch. 3 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  Where regulation 12 requires a testing package to be booked—S

(a)the name of the provider of the tests, and

(b)the reference number for the tests provided to them by the test provider in accordance with regulation 13(3).

Commencement Information

I5Sch. 3 para. 4 in force at 20.9.2021, see reg. 1(2)

[F395.  Where the passenger is an eligible vaccinated arrival, a declaration that the passenger meets the COVID-19 vaccination eligibility criteria.]S

Textual Amendments

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

SCHEDULE 4SExemptions

PART 1SDiplomats, Crown Servants, visiting forces etc.

[F401.—(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 F41..., 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

I6Sch. 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, F42...

[F43(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, [F44where 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

I7Sch. 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

[F45(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

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

F464A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 [F47or is returning from conducting essential policing or essential government work outside of the United Kingdom,]

(b)a person [F48required to undertake essential state business in the United Kingdom or] returning from conducting essential state business outside of the United Kingdom,

[F49(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),

[F50“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

I9Sch. 4 para. 5 in force at 20.9.2021, see reg. 1(2)

6.—(1) A person [F51required 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 F52....S

(2) For the purposes of sub-paragraph (1), “essential government work” [F53has the meaning] given in paragraph 5.

Textual Amendments

Commencement Information

I10Sch. 4 para. 6 in force at 20.9.2021, see reg. 1(2)

F547.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F55PART 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 [F56where 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, F57...,

“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

I11Sch. 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

I12Sch. 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 [F58under 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,

[F59(iv)returning to the United Kingdom following work as a member of aircraft crew outside of the United Kingdom,]

[F60(c) “Air Operations Regulation” has the meaning given in paragraph 1 of schedule 1 of the Air Navigation Order 2016.]

Textual Amendments

Commencement Information

I13Sch. 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

I14Sch. 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

I15Sch. 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

I16Sch. 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

I17Sch. 4 para. 14 in force at 20.9.2021, see reg. 1(2)

15.—(1) A road haulage worker [F61where 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 F62....

(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

I18Sch. 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.

F6316.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F64PART 3SExtradition

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65PART 4SEmergency, specialist and technical workers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 5SHealthcare

F6635.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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

[F67“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

I19Sch. 4 para. 36 in force at 20.9.2021, see reg. 1(2)

F6837.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6838.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6839.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6840.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F69PART 6SSeasonal Agricultural Workers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70PART 7SSports and culture

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulations 6(3), 18(3)and 25(3)

F71SCHEDULE 5SCOP 26 Representatives

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 2(5)

F72SCHEDULE 5ASApplication of Regulations to COP 26 participants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulations 2 and 25

F73SCHEDULE 6SSpecified competitions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 37

SCHEDULE 7SOperators: required information

F741.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F752.—(1) The required information to be provided under regulation 39 (provision of information before departure)—S

(a)may be provided in writing, by electronic communication or orally,

(b)where provided in writing, is—

(i)the information specified in Part 1 of schedule 8, and

(ii)the text of the URLs to the following websites:

https://www.gov.uk/guidance/red-list-of-countries-and-territories

https://www.gov.uk/guidance/travel-to-england-from-another-country-during-coronavirus-covid-19

https://www.gov.uk/provide-journey-contact-details-before-travel-uk

https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

https://gov.wales/arriving-wales-overseas

https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/

(c)where provided by electronic communication, is—

(i)the information specified in Part 1 of schedule 8, and

(ii)hyperlinks to each of the websites in head (b)(ii),

(d)where provided orally, is the information specified in Part 1 of schedule 8.

(2) Where the required information is provided in writing or by electronic communication it must be provided in a way that draws the passenger’s attention to it by being particularly prominent and distinct from other information provided in relation to the booking.

(3) In this paragraph “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000.]

Textual Amendments

F763.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

4.  The required information to be provided under regulation 41 (provision of information during journey)—S

(a)must be given orally before passengers disembark in Scotland,

(b)must be given in English and an officially recognised language of the country of departure,

(c)is the information specified in Part 2 of schedule 8.

Commencement Information

I20Sch. 7 para. 4 in force at 20.9.2021, see reg. 1(2)

Regulation 37 and schedule 7

[F77SCHEDULE 8SPassenger notices

Textual Amendments

PART 1SESSENTIAL INFORMATION TO ENTER SCOTLAND FROM OVERSEAS

All persons arriving in the UK must fill in a Passenger Locator Form before arrival.

Before departure to the UK check whether any of the countries you have visited in the past 10 days are on the red list.

If you have visited a country on the red list you must follow the red list rules.

If you have not visited any countries on the red list, what you have to do depends on your vaccination status. Check the rules before you travel at gov.uk/coronavirus.

Public health requirements may vary depending on which nation of the UK you are travelling to. Check the relevant website if your final destination is in England, Northern Ireland or Wales.

Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. You may be fined if you fraudulently claim an exemption.

PART 2S

The following is a public health message on behalf of the UK’s public health agencies.

If you are not fully vaccinated or do not meet the eligibility criteria, you must take a test on or before day 2 after you arrive in the UK.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the Public Health guidance for the area you are living or travelling in.

Visit gov.uk/coronavirus for more advice.]

Regulation 51

SCHEDULE 9SRevocations

Commencement Information

I21Sch. 9 in force at 20.9.2021, see reg. 1(2)

Regulations revokedReferences
The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.(S.S.I. 2020/169).
The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020.(S.S.I. 2020/170).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020.(S.S.I. 2020/171).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020.(S.S.I. 2020/184).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020.(S.S.I. 2020/209).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2020.(S.S.I. 2020/221).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2020.(S.S.I. 2020/224).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2020.(S.S.I. 2020/229).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2020.(S.S.I. 2020/233).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2020.(S.S.I. 2020/235).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2020.(S.S.I. 2020/242).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020.(S.S.I. 2020/252).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2020.(S.S.I. 2020/263).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2020.(S.S.I. 2020/271).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2020.(S.S.I. 2020/274).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2020.(S.S.I. 2020/280).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2020.(S.S.I. 2020/288).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2020(S.S.I. 2020/301).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2020.(S.S.I. 2020/307).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2020.(S.S.I. 2020/326).
The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020.(S.S.I. 2020/328).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2020.(S.S.I. 2020/330).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 20) Regulations 2020.(S.S.I. 2020/343).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 21) Regulations 2020.(S.S.I. 2020/354).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 23) Regulations 2020.(S.S.I. 2020/378).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 24) Regulations 2020.(S.S.I. 2020/404).
The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) Regulations 2020.(S.S.I. 2020/431).
The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No. 2) Regulations 2020.(S.S.I. 2020/444).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 25) Regulations 2020.(S.S.I. 2020/474).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/5).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2021.(S.S.I. 2021/6).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2021.(S.S.I. 2021/7).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2021.(S.S.I. 2021/19).
The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021.(S.S.I. 2021/20).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2021.(S.S.I. 2021/21).
The Health Protection (Coronavirus) (International Travel, Public Health Information and Pre-Departure Testing) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/34).
The Health Protection (Coronavirus) (International Travel, Prohibition on Travel from the United Arab Emirates) (Scotland) Amendment Regulations 2021 (insofar as not already revoked).(S.S.I. 2021/52, partially revoked by S.S.I. 2021/181).
The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021.(S.S.I. 2021/74).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2021.(S.S.I. 2021/81).
The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/107).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2021.(S.S.I. 2021/111).
The Health Protection (Coronavirus) (International Travel etc.) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/158).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2021.(S.S.I. 2021/179).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) Regulations 2021.(S.S.I. 2021/181).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2021.(S.S.I. 2021/191).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2021.(S.S.I. 2021/204).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021.(S.S.I. 2021/208).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2021.(S.S.I. 2021/212).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2021.(S.S.I. 2021/230).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2021.(S.S.I. 2021/237).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2021.(S.S.I. 2021/256).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 4) Regulations 2021.(S.S.I. 2021/261).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 5) Regulations 2021.(S.S.I. 2021/264).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 6) Regulations 2021.(S.S.I. 2021/265).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2021.(S.S.I. 2021/275).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 7) Regulations 2021.(S.S.I. 2021/278).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2021.(S.S.I. 2021/290).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2021.(S.S.I. 2021/301).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2021.(S.S.I. 2021/307).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2021.(S.S.I. 2021/319).

Regulation 52

SCHEDULE 10STransitional provisions

InterpretationS

1.  In this schedule, “the 2020 Regulations” means the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 M10, and references to numbered Parts and Schedules are to the Parts of those Regulations so numbered, unless the context otherwise requires.

Commencement Information

I22Sch. 10 para. 1 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

Part 2 (requirement to provide information)S

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.

Commencement Information

I23Sch. 10 para. 2 in force at 20.9.2021, see reg. 1(2)

Part 2A (testing following arrival in Scotland)S

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.

Commencement Information

I24Sch. 10 para. 3 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I25Sch. 10 para. 4 in force at 20.9.2021, see reg. 1(2)

Part 3 (managed self-isolation package)S

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.

Commencement Information

I26Sch. 10 para. 5 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I27Sch. 10 para. 6 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I28Sch. 10 para. 7 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I29Sch. 10 para. 8 in force at 20.9.2021, see reg. 1(2)

Part 4 (enforcement)S

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.

Commencement Information

I30Sch. 10 para. 9 in force at 20.9.2021, see reg. 1(2)

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

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.

Commencement Information

I31Sch. 10 para. 10 in force at 20.9.2021, see reg. 1(2)

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 F78... of these Regulations where the person concerned arrives in Scotland on or after that date, and that confirmation as not been withdrawn.S

Textual Amendments

Commencement Information

I32Sch. 10 para. 11 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I33Sch. 10 para. 12 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I34Sch. 10 para. 13 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I35Sch. 10 para. 14 in force at 20.9.2021, see reg. 1(2)

Schedule 2A (testing before arrival in Scotland)S

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.

Commencement Information

I36Sch. 10 para. 15 in force at 20.9.2021, see reg. 1(2)

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.S

Commencement Information

I37Sch. 10 para. 16 in force at 20.9.2021, see reg. 1(2)

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