The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021

Amendments to Part 1 (general)

3.—(1) In regulation 2 (interpretation: general) —

(a) in paragraph (1)—

(i) before the definition of “child” insert—

““an arrival” means a person who arrives in Scotland from—

(a)

a country, territory or part of a country or territory which is not in the common travel area, or

(b)

elsewhere in the common travel area where that person has, within the preceding 10 days, departed from or transited through a country, territory or part of a country or territory which is not in the common travel area,”,

(ii) omit the definitions of “amber list arrival”, “amber list country”, “green list arrival”, and “green list country”,

(iii) after the definition of “coronavirus disease” insert—

““cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights,”,

(iv) in the definition of “red list arrival”—

(aa) at the end of paragraph (a) insert “or”

(bb) for sub-paragraphs (b) and (c) substitute—

“(b) another country, territory or part of a country or territory (whether or not within the common travel area) where that person has, within the preceding 10 days, departed from or transited through a red list country,”,

(b) after paragraph (3) insert—

“(4) For the purposes of these Regulations, a person (“P”) on a cruise ship, including a crew member, is not treated as arriving in Scotland if P travels to Scotland but does not disembark from the cruise ship at any point while it is—

(a) moored at a port in Scotland, or

(b) in the territorial waters adjacent to Scotland.”.

(2) In regulation 3 (interpretation: eligible vaccinated arrivals)—

(a) for paragraph (1)(a) substitute—

“(a) is not a red list arrival, and”,

(b) in paragraph (2)(d)—

(i) in head (ii) omit “or”,

(ii) at the end of head (iii) insert—

“, or

(iv) a vaccine certificate”,

(c) after paragraph (7) insert—

“(7A) For the purposes of paragraph (2), where P has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a course of doses of an authorised vaccine.”,

(d) after paragraph (8) insert—

“(8A) For the purposes of paragraph (6), where P has received a dose of one vaccine under the United Kingdom vaccine roll-out overseas, and a dose of a different vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.”,

(e) in paragraph (11)—

(i) for the definition of “authorised vaccine” substitute—

““authorised vaccine” means a medicinal product for vaccination against coronavirus which—

(a)

in relation to doses received in the United Kingdom, is authorised—

(i)

for supply in the United Kingdom in accordance with a marketing authorisation, or

(ii)

by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc.)(1),

(b)

in relation to doses received in a relevant country listed in paragraph (12), is authorised for supply in that country following evaluation by the relevant regulator for that country,

(c)

in relation to doses received in a relevant country listed in schedule 1A (relevant countries), is authorised in the United Kingdom in accordance with head (i) or (ii) of paragraph (a),”,

(ii) in sub-paragraph (b) of the definition of “marketing authorisation” after “relevant country” insert “listed in the table in paragraph (12)”,

(iii) in the definition of “relevant country” after “paragraph (12)” insert “or a country listed in schedule 1A (relevant countries)”

(iv) in the definition of “relevant regulator” after “relevant country” insert “listed in the table in paragraph (12)”,

(v) at the end of the definition of “United Kingdom vaccine roll-out overseas” insert—

“,

“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of a relevant country which contains—

(a)

P’s full name,

(b)

P’s date of birth,

(c)

the name and manufacturer of the vaccine that P received,

(d)

the date that P received each dose of the vaccine, and

(e)

details of either the identity of the issuer of the certificate or the country of vaccination, or both.”,

(f) in paragraph (12), after the row in the table for “Andorra” insert—

“Australia	The Therapeutic Goods Administration
Canada	Health Canada”.

(1)

S.I. 2012/1916.