The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022

Amendments to Part 8 (duties on operators)

11.—(1) In regulation 37 (Part 8: interpretation) in the definition of “required information” for “38 to 41” substitute “39 (provision of information before departure) and 41 (provision of information during journey)”,

(2) For regulations 38 to 40 (provision of information before booking, departure and check-in) substitute—

“Provision of information before departure

39.— (1) Subject to paragraphs (2) and (3), an operator must ensure that a passenger (“P”) who arrives at a port in Scotland on an international passenger service provided by the operator was provided with the required information at least 24 hours prior to the scheduled departure time of that service.

(2) If another person (“A”) made the booking on behalf of P (whether or not A is also a passenger on the service), the requirement in paragraph (1) is to be treated as complied with if the required information was provided to A at least 24 hours prior to the scheduled departure time of the relevant service, along with a written request that A provide that information to P, unless A considers that, by virtue of P’s age or mental capacity, P is unlikely to be capable of understanding it.

(3) Where the booking was made for P to travel on the service within 24 hours of the scheduled departure time, the operator must ensure that P (or, where appropriate under paragraph (2), A) is provided with the required information prior to P’s departure on the service.”.

(3) In regulation 42 (requirement to ensure passengers have completed a Passenger Locator Form)—

(a) in paragraph (1)—

(i) for “(5), (6), and (6A)” substitute “(5) and (6)”,

(ii) after “must” insert “take all reasonable steps to”,

(b) in paragraphs (2) and (3) omit “, (6A)”,

(c) omit paragraph (6A).

(4) In regulation 43 (requirement to ensure passengers possess notification of a negative test result)—

(a) in paragraph (1) after “must” insert “take all reasonable steps to”,

(b) omit paragraph (3)(ba).

(5) Omit regulation 44(2) (requirement to ensure that certain passengers arrive only at certain ports).

(6) In regulation 45 (Part 8: offences and penalties)—

(a) in paragraph (1)—

(i) omit sub-paragraph (a),

(ii) at the end of sub-paragraph (b) insert “or”,

(iii) omit sub-paragraph (c),

(b) in paragraph (4)—

(i) for “offences in paragraph (1)(a), (b) or (c)” substitute “offence in paragraph (1)(b)”,

(ii) in sub-paragraph (a) omit “or check-in”,

(iii) in sub-paragraph (b)—

(aa) omit “or check-in” where it first appears,

(bb) for “at the booking, pre-departure or check-in time (as the case may be)” substitute “before departure”.

(7) In regulation 46(2), (3) and (4) (extra-territorial jurisdiction) before “ensure” insert “take all reasonable steps to”.