The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2021

Citation and commencement

1.  These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2021 and come into force at 4.00 a.m. on 27 March 2021.

Amendment of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020

2.  The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020(1) are amended in accordance with regulations 3 to 11.

Amendment to Part 1

3.  In regulation 2 (interpretation) in paragraph (2) for “individual” in both places where it occurs substitute “person”.

Amendments to Part 2

4.  In regulation 3 (requirement to provide information)—

(a) after paragraph (4)(a) insert—

“(aa) a child whose passenger information has been provided by another person otherwise than under paragraph (3)(a)(ii), (b)(ii) or (c)(ii),”,

(b) after paragraph (4) insert—

“(4A) Where paragraph (2) has not been complied with prior to the arrival in Scotland of a child to whom regulation 6(1)(e) or (f) applies, a Passenger Locator Form containing passenger information pertaining to the child must be provided to the Secretary of State as soon as reasonably practicable by any person who has responsibility for the child following the child’s arrival in Scotland.”.

5.  In regulation 4 (requirement to update passenger information) after paragraph (2) insert—

“(2A) Paragraph (2B) applies where P is a child referred to in regulation 6(1)(e) or (f) and, prior to the expiry of the later of the periods referred to in regulation 6(2), the passenger information provided for P in accordance with regulation 3 is no longer accurate.

(2B) Any person who has responsibility for P must, as soon as reasonably practicable, take all reasonable steps to provide the updated passenger information to the Secretary of State using the Passenger Locator Form.”.

6.  In regulation 5 (passenger information: offences and penalties)—

(a) in paragraph (1) after “4(2)” insert “or (2B)”,

(b) in paragraph (2)—

(i) for “P” where it first occurs substitute “a person”,

(ii) for “P” where it second occurs substitute “that person”.

Amendments to Part 2A

7.  In regulation 5D(3) (testing following arrival in Scotland: requirement to book and pay for tests) for “an adult” where it second occurs substitute “a person”.

8.  In regulation 5G (testing following arrival in Scotland: requirement to self-isolate on failure to undertake a test) after paragraph (2) insert—

“(2A) Where P is a child, any person who is sharing specified premises with P must remain in the premises until the expiry of the period referred to in paragraph (2).”.

Amendments to Part 3

9.  In regulation 6 (requirement for travellers to stay in specified premises)—

(a) in paragraph (1)—

(i) in sub-paragraph (c), at the end omit “or”,

(ii) after sub-paragraph (d), insert—

“(e) is a child who arrives in Scotland from—

(i) outside the common travel area, or

(ii) elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through a non-exempt country or territory, and—

(aa) is accompanied by an adult on arrival in Scotland, but that adult ceases to accompany P before P travels to specified premises in accordance with paragraph (2), or

(ab) is unaccompanied by an adult,

(f) arrives in Scotland from—

(i) outside the common travel area, or

(ii) elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through a non-exempt country or territory,

and has travelled to the United Kingdom for the purpose of receiving education at a boarding school in Scotland at which education and accommodation is due to be provided for P.”,

(b) in paragraph (3)—

(i) in sub-paragraph (a)(i) after “P” where it second occurs insert—

“, or if P is a child any person who has responsibility for P,”,

(ii) in sub-paragraph (a)(ii) after “P” insert—

“, or if P is a child any person who has responsibility for P,”,

(iii) in sub-paragraph (a)(iii) after “(1)(b)” insert “, (e) or (f)”,

(iv) in sub-paragraph (b)—

(aa) after “seeker” insert “of at least 18 years of age”,

(bb) at the end omit “or”,

(v) at the end of sub-paragraph (c) insert—

“, or

(d) where P is an unaccompanied child for whom it is not possible to stay at a place in accordance with paragraph (a)(i) to (iii), in accommodation provided or arranged by a local authority.”,

(c) after paragraph (4), insert—

“(4A) For the purposes of this regulation—

(a) “boarding school” means a school which—

(i) provides accommodation for its pupils on its own premises, or

(ii) arranges accommodation for its pupils to be provided elsewhere (other than in connection with a residential trip away from school),

(b) “school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980(2).”,

(d) after paragraph (5), insert—

“(5A) Where P is a person described in regulation 6(1)(f), paragraph (3)(a)(i) applies with the modification that the address at which P intends to stay for the purposes of regulation 6(2) must be the boarding school at which education and accommodation is due to be provided for P.”,

(e) after paragraph (7) insert—

“(7A) Where P is a person described in paragraph (1)(e) who travels to any specified premises referred to in paragraph (3)(a)(i) to (iii) in compliance with paragraph (2), any person who is sharing those premises with P must remain in the premises until the expiry of the period referred to in paragraph (2)(a), or the later of the periods referred to in paragraph (2)(b), depending on which of those periods applies to P.”.

Amendment to Part 4

10.  In regulation 8(5) (enforcement of requirement in regulation 6 and 6B), for “individual” substitute “person”.

Amendments to schedule 2

11.  In schedule 2 (persons not required to comply with regulation 3, regulation 5A or regulations 5D to 6B) after paragraph 4D insert—

“4DA.   For the purposes of paragraphs 4B, 4C and 4D, as they apply to categories of persons who have travelled to the United Kingdom in the course of their work, this is to be construed as excluding persons who—

(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 paragraphs 4B, 4C or 4D as applicable, have had to comply with regulation 6(2) or 6B(2).”.

Saving

12.  The amendments made by these Regulations do not apply in relation to any person who arrived in Scotland during the period beginning at 12:01 am on 8 June 2020 and ending immediately prior to the coming into force of these Regulations, and the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 continue to apply to such persons as if the amendments made by these Regulations had not been made.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

26th March 2021