The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 5) Regulations 2021

Eligible vaccinated arrivals

4.  After regulation 2, insert—

“Eligible vaccinated arrivals

2A.— (1) A person (“P”) is an eligible vaccinated arrival if P—

(a) has, at any time in the period beginning with the 10th day before the date of their arrival in Scotland, departed from or transited through a non-exempt country or territory which is not an acute risk country or territory, and

(b) meets any of the descriptions in paragraphs (2) to (6).

(2) P—

(a) has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of P’s arrival in Scotland,

(b) received that course of doses in the United Kingdom,

(c) is able to provide proof, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, of fulfilment of the requirement in sub-paragraph (a) by way of letter of certification issued by NHS Scotland, or equivalent certification issued, in paper or electronic form, by NHS England, NHS Wales or the Department of Health in Northern Ireland, including through the NHS COVID pass, and

(d) has declared on P’s Passenger Locator Form that P has completed a course of doses of an authorised vaccine.

(3) P—

(a) has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004(1),

(b) is able to provide proof of such participation, and

(c) has declared on P’s Passenger Locator Form that P has participated, or is participating, in such a trial.

(4) P is—

(a) under the age of 18 on arrival in Scotland, and

(b) ordinarily resident in the United Kingdom.

(5) P—

(a) has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, with the final dose having been received before the start of the period beginning with the 14th day before the date of P’s arrival in Scotland,

(b) is able to provide proof, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, of fulfilment of the requirement in sub-paragraph (a), and

(c) has declared on P’s Passenger Locator Form that P has completed a course of doses of a vaccine as described in sub-paragraph (a).

(6) P is—

(a) a dependant of a person described in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” in paragraph (10), and

(b) under the age of 18 on arrival in Scotland.

(7) For the purposes of paragraphs (2) and (5), P has completed a course of doses if P has received the complete course of doses specified—

(a) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b) in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc.) of the Human Medicines Regulations 2012(2) for the authorised vaccine.

(8) For the purposes of paragraph (5), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a 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.

(9) For the purposes of this regulation, a child is to be treated as making a declaration on a Passenger Locator Form, and possessing any evidence required, if that declaration is made, and that evidence possessed, by a person who is travelling with, and has responsibility for, that child.

(10) In this regulation—

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

(a)

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

(b)

authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012,

“clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004,

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989(3),

“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989,

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012,

“marketing authorisation” has the meaning given in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012,

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012,

“NHS COVID pass” means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State, through NHS.uk,

“NHS England” means the health service continued under section 1(1) of the National Health Service Act 2006(4),

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978(5),

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006(6),

“United Kingdom vaccine roll-out overseas” means the administration of vaccine against coronavirus to—

(a)

Crown servants, government contractors or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,

(b)

residents of the British overseas territories, the Channel Islands and the Isle of Man as part of a programme agreed in the overseas territory, any of the Channel Islands or the Isle of Man with the United Kingdom government, or

(c)

military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.”.

(1)

S.I. 2004/1031, last amended by S.I. 2020/1488.

(2)

S.I. 2012/1916.

(3)

1989 c. 6.

(4)

2006 c. 41, relevantly amended by the Health and Social Care Act 2012 (c. 7).

(5)

1978 c. 29.

(6)

2006 c. 42.