16.—(1) The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 M1 are amended in accordance with paragraphs (2) to (7).
(2) In regulation 5 (interpretation of Part 2), after the definition of “port”, insert—
““Regulation 6A passenger” means a passenger to whom regulation 6A of the International Travel Regulations applies,”.
(3) In regulation 6 (requirement to ensure passengers have completed a Passenger Locator Form)—
(a)after paragraph (1) insert—
“(1A) An operator must ensure that a passenger to whom regulation 5D of the International Travel Regulations applies, who arrives at a port in Scotland on a relevant service, has included in their Passenger Locator Form the information required by paragraph 4A of schedule 1 of the International Travel Regulations.
(1B) An operator must ensure that a Regulation 6A passenger who arrives at a port in Scotland on a relevant service has included in their Passenger Locator Form the booking reference for the managed self-isolation package booked by or on behalf of the person as required by paragraph 2(ba) of schedule 1 of the International Travel Regulations.”,
(b)in paragraph (2)—
(i)for “Paragraph (1) does” substitute “ Paragraphs (1), (1A) and (1B) do ”, and
(ii)omit sub-paragraph (c),
(c)after paragraph (2), insert—
“(3) In addition—
(a)paragraph (1A) does not apply in relation to a passenger (“P”) where the operator, or a person acting on behalf of the operator, reasonably believes that—
(i)regulation 5D (testing following arrival in Scotland: requirement to book and pay for tests) of the International Travel Regulations does not apply to P, or
(ii)P has a reasonable excuse for failing to comply with the requirement in regulation 5D of the International Travel Regulations to arrive in Scotland in possession of a testing package,
(b)paragraph (1B) does not apply in relation to a passenger (“P”) where the operator, or a person acting on behalf of the operator, reasonably believes—
(i)P is not a Regulation 6A passenger, or
(ii)P is a Regulation 6A passenger, but has a reasonable excuse for failing to comply with the requirement in regulation 6A(4) of the International Travel Regulations (requirement to possess managed self-isolation package).”.
(4) After regulation 7 insert—
7A.—(1) An operator must take all reasonable steps to ensure that no Regulation 6A passenger enters Scotland except at a port in accordance with regulation 6A(2) and (3) of the International Travel Regulations.”.
(5) In regulation 8 (offences)—
(a)in paragraph (1)—
(i)omit “or” at the end of sub-paragraph (a),
(ii)after that sub-paragraph, insert—
“(aa)regulation 6(1A),
(ab)regulation 6(1B),”,
(iii)insert “ or ” at the end of sub-paragraph (b), and
(iv)after sub-paragraph (b) insert—
“(c)regulation 7A.”,
(b)after paragraph (4) insert—
“(4A) In addition, in relation to the offence in paragraph (1)(aa) or (ab), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that the relevant information provided by a passenger on their Passenger Locator Form was false or incorrect in any respect or incomplete.
(4B) For the purposes of paragraph (4A) “relevant information” means the information mentioned in regulation 6(1A) or 6(1B) (as the case may be).
(4C) In relation to the offence in paragraph (1)(c), it is a defence for an operator to show that the operator, or a person acting on behalf of the operator, could not have reasonably been expected to know that a passenger was a Regulation 6A passenger.”.
(6) In regulation 9 (extra-territorial jurisdiction)—
(a)after paragraph (1), insert—
“(1A) An offence can be committed under regulation 6(1A) or 6(1B) where the failure to ensure that a passenger who arrives at a port in Scotland on a relevant service has completed the information in a Passenger Locator form as required by either of those regulations occurs wholly or partly outside Scotland.”,
(b)after paragraph (2), insert—
“(2A) An offence can be committed under regulation 7A where the failure to take all reasonable steps to ensure that no Regulation 6A passenger enters Scotland except at a port in accordance with regulation 6A(2) and (3) occurs wholly or partly outside Scotland.”,
(c)in paragraph (3), for “regulation 6(1) or 7(1)” substitute “ regulation 6(1), 7(1) or 7A ”.
(7) In regulation 11 (review), for “and 7” substitute “ , 7 and 7A ”.
Commencement Information
I1Reg. 16 in force at 15.2.2021 at 4.00 a.m., see reg. 1(2)
Marginal Citations