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The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020

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Point in time view as at 30/08/2021.

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PART 1SGeneral

Citation and commencementS

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.

(2) These Regulations come into force on 8 June 2020.

Commencement Information

I1Reg. 1 in force at 8.6.2020, see reg. 1(2)

InterpretationS

2.—(1) In these Regulations—

[F1“acute risk country or territory” means a country or territory, or part of a country or territory, specified in schedule A2]

“child” means a person under the age of [F218],

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 M2,

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

[F3“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus),

[F4“eligible vaccinated arrival” means a person described in regulation 2A,]

“exempt country or territory” means a country or territory [F5, or part of a country or territory,] specified in schedule A1 and “non-exempt country or territory” means any other country or territory [F6, or part of a country or territory,] outside the common travel area,]

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of schedule 2 of the Immigration Act 1971 M3,

“information offence” means an offence under regulation 5(1) or (2) or an offence under regulation 9(4) where the person is believed to have intentionally obstructed an immigration officer carrying out a function in relation to Part 2,

[F7“managed self-isolation package” has the meaning given in regulation 6A(6),]

“passenger information” means the information specified in schedule 1, F8...

“Passenger Locator Form” means the electronic form published by the Secretary of State for the provision of passenger information M4.

[F9“port” means any port (including a seaport, airport or heliport),]

[F10“qualifying test” means a test that is a qualifying test for the purposes of regulation 5A,]

[F11“relevant service” means a commercial transport service carrying passengers travelling to Scotland from outside the common travel area,]

[F12“specified competition” means a competition listed in [F13schedule 3A].]

(2) For the purposes of these Regulations, an [F14person] has responsibility for a child if the [F14person] has—

(a)custody or charge of the child for the time being, or

(b)parental responsibilities or parental rights in relation to the child (see sections 1(3) and 2(4) of the Children (Scotland) Act 1995) M5.

[F15(3) For the purposes of these Regulations a person (“P”) is not treated as departing from or transiting through a country or territory [F16, or part of a country or territory, if, at all times whilst in that country, territory or part thereof]—

(a)P remains on a conveyance on which no other person is permitted to be taken on board, or

(b)P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that [F17country, territory or part thereof].]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M11971 c.77. Section 1(3) provides that the United Kingdom, the Channel Islands, the Isle of Man, and the Republic of Ireland are collectively referred to in that Act as “the common travel area”.

M31971 c.77. Paragraph 1 was amended by paragraph 3 of schedule 3 of the Health Protection Agency Act 2004 (c.17), and by S.I. 1993/1813.

M4The Passenger Locator Form is available on www.gov.uk. No hard copy version is available but, where a person arrives at a place staffed by Immigration Officers, they will be provided with the ability to complete the form electronically on their arrival in Scotland if not completed in advance; assistance will be available for completion of the electronic form if required.

M51995 c.36. Section 1 was amended by paragraph 48 of schedule 6(2) of the Human Fertilisation and Embryology Act 2008 (c.22). Section 2 was amended by paragraph 49 of schedule 6(2) of the Human Fertilisation and Embryology Act 2008.

[F18Eligible vaccinated arrivalsS

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).

F19(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F20or a relevant country],

[F21(ba)if the course of doses was received in the United States of America, is ordinarily resident in the United States of America,]

(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) [F22through—

(i)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,

(ii)the EU Digital COVID certificate, or

(iii)the Centers for Disease Control and Prevention vaccination card], F23...

[F24(ca)is able to provide proof if [F25requested] by an immigration officer or the operator of the relevant service on which P travels to Scotland of meeting the requirement in sub-paragraph (ba), 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,

(b)is able to provide proof of such participation [F26if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland], and

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

[F27(3A) P—

(a)has participated or is participating in a clinical trial regulated in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus,

(b)is able [F28, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland,] to provide proof of such participation through the Centers for Disease Control and Prevention vaccination card,

(c)has declared on the Passenger Locator Form that P has completed a course of doses of an authorised vaccine, and

(d)is ordinarily resident in the United States of America and is able to provide proof of that residence [F29if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland].]

(4) P is—

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

(b)ordinarily resident in the United Kingdom [F30or a relevant country].

(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 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—

[F31“authorised vaccine” means a medicinal product for vaccination against coronavirus authorised—

(a)

in relation to doses received in the United Kingdom—

(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,

(b)

in relation to doses received in a relevant country, for supply in that country following evaluation by the relevant regulator for that country,]

“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,

“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,

[F32“marketing authorisation”—

(a)

in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in [F33regulation 8(1) (general interpretation)] of the Human Medicines Regulations 2012,

(b)

in relation to a vaccine authorised for supply in a relevant country other than a member State, means a marketing authorisation granted by the relevant regulator for the country,]

“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,

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

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

[F34“relevant country” means a country listed in the first column of the table in paragraph (11),

“relevant regulator”, in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (11), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX FacilityF35,]

“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.

[F36(11) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Relevant countryRelevant regulator
a member StateEuropean Medicines Agency
AndorraEuropean Medicines Agency
IcelandEuropean Medicines Agency
LiechtensteinEuropean Medicines Agency
MonacoEuropean Medicines Agency
NorwayEuropean Medicines Agency
San MarinoEuropean Medicines Agency
SwitzerlandSwissmedic
the United States of AmericaUnited States Food and Drug Administration
Vatican City StateEuropean Medicines Agency]]

Textual Amendments

F35A list of the national regulatory authorities designated as Stringent Regulatory Authorities has been published by the World Health Organization and is available online at https://extranet.who.int/pqweb/sites/default/files/documents/Product-Eligibility_COVAX-Facility_Dec2020_0.pdf.

PART 2SRequirement to provide information

3.—(1) This regulation applies where a person (“P”) arrives in Scotland—

(a)from outside the common travel area, or

(b)from within the common travel area, if P has been outside the common travel area at any time in the period beginning with the [F3710th day] before P's arrival into Scotland.

(2) P must provide to the Secretary of State—

(a)P's passenger information, and

(b)where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child.

(3) The requirement in paragraph (2) can be complied with—

(a)by P prior to P's arrival into Scotland submitting electronically to the Secretary of State a Passenger Locator Form containing—

(i)P's passenger information, and

(ii)where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child,

(b)where P has arrived in Scotland from England, Wales or Northern Ireland by P prior to P's arrival into England, Wales or Northern Ireland having submitted electronically to the Secretary of State a Passenger Locator Form containing—

(i)P's passenger information, and

(ii)where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child, or

(c)by P as soon as reasonably practicable upon arriving in Scotland submitting electronically, using a facility provided by the Secretary of State for this purpose, a Passenger Locator Form, containing—

(i)P's passenger information, and

(ii)where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child.

(4) [F38Subject to paragraph (7)] P is not required to comply with the requirement in paragraph (2) where P is—

(a)a child and the child's passenger information has been provided under paragraph (3)(a)(ii), (b)(ii) or (c)(ii) by another person,

[F39(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)a person described in described in [F40regulation [F417(1)(a)]], F42...

(c)a person described in any of paragraphs 1 to 4 of schedule 2.

[F43(ca)a member of the family forming part of the household of a person falling within paragraph 1A of schedule 2,]

[F44(d)a person described in any of paragraphs 4A to 4F of schedule 2 who meets the condition in paragraph 4G of that schedule, or

(e)a person described in paragraph 13 of schedule 2.]

[F45(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) A person who has provided passenger information in accordance with paragraph (3)(a) or (b) must provide evidence that they have done so if requested by an immigration officer.

(6) Nothing in this regulation requires P to provide passenger information if the information is not within P's knowledge or possession or under P's control.

[F46(7) Paragraphs (4)(c), (d) and (e) do not apply to a person who has departed from, or transited through, [F47an acute risk country or territory].]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 8.6.2020, see reg. 1(2)

Requirement to update passenger informationS

4.—(1) Paragraph (2) applies where—

(a)P is required to comply with the requirement in regulation 6(2), and

(b)prior to the expiry of the period referred to in regulation 6(2)(a),

(i)the passenger information provided by P in accordance with regulation 3 is no longer accurate, or

(ii)passenger information relating to P or a child accompanying P comes within P's knowledge or possession or under P's control.

(2) 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.

[F48(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.]

(3) Nothing in this regulation requires P to provide passenger information if the information is not within P's knowledge or control.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 8.6.2020, see reg. 1(2)

Passenger information: offences and penaltiesS

5.—(1) A person who contravenes the requirement in regulation 3 or 4(2) [F49or (2B)] commits an offence.

(2) It is an offence for [F50a person] to provide false or misleading information for the purposes of regulation 3 or 4, where [F51that person]—

(a)knows that the information is false or misleading, or

(b)is reckless as to whether the information is false or misleading.

(3) It is a defence to a charge of committing an offence under paragraph (1) or (2) to show that the person, in the circumstances, had a reasonable excuse.

(4) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 8.6.2020, see reg. 1(2)

[F52PART 2ASPre-Departure Testing [F53and testing following arrival in Scotland]

Textual Amendments

Requirement to possess notification of negative test resultS

5A.—(1) A person who arrives in Scotland having begun their journey outside the common travel area must possess on arrival valid notification of a negative result from a qualifying test taken by that person.

(2) A person [F54described in paragraph (1)] who is travelling with a child aged 11 or over and for whom they have responsibility must, on their arrival in Scotland, possess valid notification of a negative result from a qualifying test taken by that child.

(3) A person who possesses valid notification of a negative result from a qualifying test must produce that notification, physically or digitally, if requested to do so by a constable or an immigration officer.

(4) The following are not required to comply with this regulation—

(a)a person who is a child (without prejudice to paragraph (2)),

(b)a person described in paragraph [F551A,] 2, 3, 4, 4B, 4C, 4D, 4E, [F564EA,] 7, 12, or 30 of schedule 2,

(c)a person described in paragraph 4(1) of schedule 2A.

(5) For the purposes of this regulation—

(a)a test is a qualifying test if it complies with paragraph 1 of schedule 2A,

(b)a notification of a negative result is valid if it includes the information specified in paragraph 2 of schedule 2A.

Textual Amendments

Pre-Departure testing: offences and penaltiesS

5B.—(1) A person who contravenes a requirement in regulation 5A commits an offence.

(2) It is a defence to a charge of committing an offence under paragraph (1) to show that the person, in the circumstances, had a reasonable excuse.

(3) For the purposes of paragraph (2), reasonable excuses include, in particular where—

(a)a person was medically unfit to provide a sample for a qualifying test and possessed a document, in English or accompanied by a certified English translation, signed by a medical practitioner entitled to practise in the country or territory in which that practitioner was based, to that effect,

(b)it was not reasonably practicable for a person to obtain a qualifying test due to a disability,

(c)a person required medical treatment with such urgency that obtaining a qualifying test was not reasonably practicable,

(d)a person contracted coronavirus and required emergency medical treatment,

(e)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in sub-paragraph (c) or (d) where it was not reasonably practicable for the accompanying person to obtain a qualifying test,

(f)a person began their journey to Scotland in a country or territory in which a qualifying test was not available to the public, with or without payment, or in which it was not reasonably practicable for a person to obtain a qualifying test due to a lack of reasonable access to a qualifying test or testing facility and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure if this was different to where they began their journey,

(g)the time it has taken a person to travel from the country or territory where they began their journey to the country or territory of their last point of departure prior to arriving in Scotland meant that it was not reasonably practicable for them to meet the requirement in paragraph 1(c) of Schedule 2A, and it was not reasonably practicable for them to obtain a qualifying test in their last point of departure.

(4) A person does not commit an offence where they contravene a requirement in regulation 5A if they reasonably believed at the time of the contravention that the notification of a negative result was valid and from a qualifying test.

(5) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

[F57Testing following arrival in Scotland: generalS

5C.—[F58(1) Regulations 5D to [F595J] apply to a person who—

(a)is required to comply with regulation 6(2) (requirement to stay in specified premises) or 6B(2) (requirement to stay in managed accommodation), F60...

(b)subject to regulation 5K (exclusion of certain diplomatic etc. personnel), is not required to comply with regulation 6(2) or 6B(2) only by virtue of any of the following paragraphs of schedule 2—

[F61(ai)paragraph 1A (specified persons on official business),]

(i)paragraph 14(1)(c) (persons returning to facilitate diplomatic missions etc.),

(ii)paragraphs 18 to 28 (essential infrastructure etc. personnel) [F62except for paragraph 25],

(iii)paragraphs 31 to 34 (medical etc. personnel),

(iv)paragraphs 35 to 36 (telecoms etc. personnel) [F63,

(v)paragraph 37 (seasonal agricultural workers),] F64[F65...

(c)subject to regulation 5K (exclusion of certain diplomatic etc. personnel) and paragraph (1A), arrives in Scotland from—

(i)an exempt country or territory, or

(ii)arrives in Scotland from elsewhere within the common travel area, and has within the preceding 10 days departed from or transited through an exempt country or territory]. [F66, or

(d)is an eligible vaccinated arrival, within the meaning given in regulation 2A.]]

[F67(1A) Regulations 5D to 5J do not apply to any person described in schedule 2 other than a person described in any of the following paragraphs of that schedule—

[F68(za)paragraph 1A (specified persons on official business),]

(a)paragraph 14(1)(c) (persons returning to facilitate diplomatic missions etc.),

(b)paragraphs 18 to 28 (essential infrastructure etc. personnel) [F69except for paragraph 25],

(c)paragraphs 31 to 34 (medical etc. personnel),

(d)paragraphs 35 to 36 (telecoms etc. personnel),

(e)paragraph 37 (seasonal agricultural workers).

[F70(f)paragraph 43 (essential workers for the Edinburgh International Festival).]]

(2) For the purposes of regulations 5D to 5J—

(a)“day 2 test” means a test F71... which complies with regulation 5F(7) and is undertaken in accordance with regulation 5F(2)(a),

(b)“day 8 test” means a test provided in a package with a day 2 test which complies with regulation 5F(7) and is undertaken in accordance with regulation 5F(2)(b),

[F72(c)“testing package” means—

(i)where P is a person referred to in paragraph (1)(a) or (b), a booking for a day 2 test and a day 8 test,

(ii)where P is a person referred in paragraph (1)(c), a booking for a day 2 test,

[F73(iii)where P is a person referred to in paragraph (1)(d), a booking for a day 2 test.]]

(d)“test provider” means a public provider who provides a test in accordance with regulation 5F(7),

(e)“P” means a person to whom regulations 5D to 5J apply by virtue of paragraph 1,

(f)“relevant self-isolation provisions” means—

(i)in relation to those required to comply with regulation 6(2), regulation 6,

(ii)in relation to those required to comply with regulation 6B(2), regulation 6B.

Textual Amendments

Testing following arrival in Scotland: requirement to book and pay for testsS

5D.—(1) Where P is an adult, P must on their arrival in Scotland possess a testing package—

(a)for themselves, and

(b)for any child aged 11 or older with whom they are travelling and for whom they have responsibility.

(2) Where P is an adult who arrives in Scotland without possessing a testing package required under paragraph (1), P must obtain such a testing package as soon as is practicable.

(3) Where P is a child aged 11 or older and who is unaccompanied by an adult who has responsibility for P, [F74a person] with responsibility for P must obtain a testing package as soon as is practicable after P arrives in Scotland.

(4) A person who possesses a testing package must provide evidence of it if requested by an immigration officer.

Textual Amendments

Testing following arrival in Scotland: obligation to provide informationS

5E.—(1) Subject to paragraph (2), at the time the testing package is booked, P must notify the test provider that P is required to undertake [F75the test or tests to which the testing package relates] under these Regulations, and provide the test provider with—

(a)their full name,

(b)their sex,

(c)their date of birth,

(d)their NHS number (if known and applicable),

(e)their ethnicity,

(f)the date of their arrival in the United Kingdom,

(g)their coach number, flight number or vessel name (as appropriate),

(h)the date on which they last departed from or transited through [F76an exempt or] non-exempt country or territory,

(i)the country or territory they were travelling from when they arrived in the United Kingdom, and any country or territory they transited through as part of that journey,

(j)their email address,

(k)their telephone number,

(l)their passport number, or travel document reference number (as appropriate),

(m)their home address, and—

(i)where P is a person to whom regulation 6(2) applies, the address or addresses of the specified premises in accordance with regulation 6 (if different from their home address), F77...

(ii)where P is a person to whom regulation 6B(2) applies, the address of the accommodation designated for the purposes of regulation 6A [F78or

(iii)where P is a person to whom regulation 5C(1)(c) applies, the address of the accommodation where P will be resident at the time they undertake their day 2 test (if different to their home address)].

(2) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out or referred to in paragraph (1) to the test provider—

(a)the notification and information set out or referred to in paragraph (1), other than the information set out in paragraph (1)(j) and (k), must be provided to the test provider on P’s behalf by another person (“X”), and

(b)either the information set out in paragraph (1)(j) and (k) must be provided by X to the test provider or, where appropriate, X must provide their own telephone number and email address to the test provider.

(3) At the time the testing package is booked the test provider must give a test reference number to P and, where appropriate, also give that test reference number to X.

Textual Amendments

Testing following arrival in Scotland: requirement to undertake testsS

5F.—(1) P must undertake the [F79test or] tests specified in paragraph (2) in accordance with this regulation.

(2) The tests specified in this paragraph are—

(a)a day 2 test undertaken no later than the end of the 2nd day after the day on which P arrived in Scotland,

(b)[F80where P is a person to whom regulation 5C(1)(a) or (b) applies, a] day 8 test undertaken no earlier than the end of the 7th day after the day on which P arrived in Scotland.

[F81(3) Where P is a child, any person who has responsibility for P must, so far as reasonably practicable and subject to paragraph (4), ensure that P undertakes—

(a)a day 2 test, and

(b)where P is a person referred to in regulation 5C(1)(a) or (b), a day 8 test.]

[F82(4) Where a test undertaken by P (after this regulation applies) meets the requirements of paragraph (7) and generates a positive result, P is not required to undertake a subsequent day 2 test or day 8 test, as the case may be.]

(5) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 5J(3)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement test complying with the requirements that apply to the test that was missed.

(6) Where a replacement test is undertaken instead of—

(a)a day 2 test, P is to be treated as if they had undertaken a day 2 test in accordance with this regulation,

(b)a day 8 test, P is to be treated as if they had undertaken a day 8 test in accordance with this regulation.

(7) The requirements of this regulation are that—

(a)the test is provided by a public provider,

(b)it is a semi-quantitative test for the detection of coronavirus which targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls.

(8) In this regulation, “public provider” means a test provider who provides or administers a test under the National Health Service Act 2006, the National Health Services (Wales) Act 2006, the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services (Northern Ireland) Order 1972.

Textual Amendments

Testing following arrival in Scotland: requirement to self-isolate on failure to undertake a testS

5G.—[F83(1) This regulation applies where—

(a)P is a person referred to in regulation 5C(1)(a) or (b) ,

(b)either—

(i)P fails to undertake a day 2 test, or

(ii)P’s day 2 test generates a negative or inconclusive result, and

(c)P fails to undertake a day 8 test.]

(2) Where P is subject to the provisions of regulation 6(2), P must remain in the specified premises under regulation 6 until the end of the 14th day after the day on which they arrived in Scotland.

[F84(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).]

(3) Where P is subject to the provisions of regulation 6B(2), P must remain in the designated accommodation under regulation 6B until the end of the 14th day after the day on which they arrived in Scotland.

Textual Amendments

Testing following arrival in Scotland: consequences of test resultsS

5H.—[F85(A1) this regulation applies to P, where P is a person referred to in regulation 5C(1)(a) or (b).]

(1) Where a test undertaken by P in accordance with regulation 5F(1) or (3) generates a positive result—

(a)regulation 9(6)(a) or, as the case may be, regulation 9(7)(a) (leaving specified premises or designated accommodation to travel in order to leave Scotland [F86or the common travel area]) do not apply,

(b)P and, subject to paragraph (2), any person who is sharing specified premises or designated accommodation with P must continue to remain in the specified premises or designated accommodation as the case by be, in accordance with regulation 6 or 6B (as the case may be) until the end of the 10th day after the day P undertook the test.

(2) Where a person (“B”) F87... is sharing specified premises or designated accommodation with P, the requirement to remain in such premises or accommodation under paragraph (1)(b) does not apply to B where—

(a)the test referred to in sub-paragraph (1) is P’s day 8 test, and

(b)B undertook a day 2 test that generated a positive result.

[F88(2A) Where an earlier test undertaken by P (after this regulation applies) meets the requirements of regulation 5F(7) and generates a positive result, the requirement for P to remain in such premises or accommodation under paragraph (1)(b) only applies until the end of the 10th day after the day P undertook that earlier test.

(2B) Where an earlier test undertaken by B (after this regulation applies) meets the requirements of regulation 5F(7) and generates a positive result, the requirement for B to remain in such premises or accommodation under paragraph (1)(b) only applies until the end of the 10th dayafter the day B undertook that earlier test.]

(3) Where P’s day 2 test and day 8 test both generate a negative result, P must remain in the specified premises or designated accommodation (as the case may be) in accordance with the relevant self-isolation provisions until the later of—

(a)the date specified in regulation 6(2)(a) or regulation 6B(2)(a) (as the case may be), or

(b)the day on which P receives the result of their day 8 test.

(4) Where a test undertaken by P generates an inconclusive result, P must remain in the specified premises or designated accommodation (as the case may be) in accordance with the relevant self-isolation provisions—

(a)until the end of the 10th day after the day P undertook the test,

(b)where P undertakes a test to which paragraph (6) applies and the test generates a negative result, the later of—

(i)the end of the period of 10 days beginning with the day after P’s arrival in Scotland,

(ii)the day on which P receives the negative result, or

(c)where P undertakes a test to which paragraph (6) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(5) Where paragraph (4)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 5F(1) or (3).

(6) This paragraph applies to—

(a)a day 8 test,

(b)a replacement test—

(i)complying with the requirements for a day 8 test specified other than the requirement that the test be administered or provided to P no earlier than the beginning of the 7th day after the day on which P arrived in Scotland,

(ii)undertaken in the circumstances specified in regulation 5F, and

(iii)undertaken during the period in paragraph (4)(a).

Textual Amendments

Testing following arrival in Scotland: charge for day testing packagesS

5I.—(1) The Scottish Ministers or a person designated by the Scottish Ministers may impose a charge in respect of a testing package provided by a test provider in accordance with regulation 5F(7).

(2) The Scottish Ministers—

(a)must publish details of the charges in such manner as the Scottish Ministers consider appropriate,

(b)may recover any sum owed by a person pursuant to such a charge as a debt.

Textual Amendments

Testing following arrival in Scotland: offences and penaltiesS

5J.—(1) It is an offence to contravene a requirement, without a reasonable excuse, in—

(a)regulation 5D,

(b)regulation 5E(1) and (2),

(c)regulation 5F(1) [F89or (3)].

(2) Reasonable excuses for contravening regulation 5D include, in particular, where—

(a)it was not reasonably practicable for a person to book a test due to a disability,

(b)a person reasonably considered before arriving in Scotland that it would not be reasonably practicable for the person (or, as the case may be, the child for whom the person has responsibility) to provide a sample for a test in accordance with regulation 5F due to a disability,

(c)a person required medical treatment with such urgency that booking a test was not reasonably practicable,

(d)a person was accompanying, in order to provide support, whether medical or otherwise, a person described in paragraph (a) or (c) where it was not reasonably practicable for the accompanying person to book a test,

(e)a person began their journey to Scotland in a country or territory in which the person did not have reasonable access to the facilities or services required to book a test, with or without payment, and such facilities or services were not reasonably accessible in their last point of departure if this was different to where they began their journey.

(3) Reasonable excuses for contravening regulation 5F(1) or (3) include, in particular, where—

(a)it is not reasonably practicable for P to undertake a test due to a disability,

(b)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable,

(c)a test is cancelled for reasons beyond P’s control,

(d)P has left Scotland in accordance with [F90regulation 9(6)(a)], or left the common travel area in accordance with regulation 9(7)(a).

(4) A person who commits an offence under paragraph (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Textual Amendments

Exclusion of certain diplomatic etc. personnelS

5K.—(1) Regulations 5D to 5J do not apply where P is—

(a)a person described in paragraph 1(1)(a) to (h) or (k) of schedule 2 or a member of the family forming part of their household,

(b)a person described in paragraph 1(1)(i) or (j) of schedule 2 where the conditions in paragraph (2) are met,

(c)a member of the family forming part of the household of a person to whom sub-paragraph (b) applies, where—

(i)the conditions in paragraph (2) are met in relation to the person to whom sub-paragraph (b) applies,

(ii)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(iii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulations 5D to 5J.

[F91(d)a specified person travelling to the United Kingdom to conduct official business with the United Kingdom, where—

(i)P was invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii)prior to P’s departure to the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with regulations 5D to 5J,

(e)a member of the family forming part of the household of a person to whom sub-paragraph (d) applies, where—

(i)the Foreign, Commonwealth and Development Office has been notified of P’s arrival, and

(ii)the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with regulations 5D to 5J.]

(2) The conditions specified in this paragraph are that, prior to P’s departure to the United Kingdom—

(a)the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake work in the United Kingdom which is essential to the foreign territory represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(b)the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the confirmation referred to in sub-paragraph (a) that—

(i)it has received that confirmation, and

(ii)P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with regulations 5D to 5J.

(3) Where a word or expression is defined for the purposes of schedule 2 and is used in this regulation, the same definition applies for the purposes of this regulation.]]

Textual Amendments

PART 3S

F92Requirement for travellers ... to stay in specified premisesS

6.—(1) [F93Paragraph (2) applies] where a person (“P”)—

[F94(a)arrives in Scotland from a non-exempt country or territory which is not an acute risk country or territory where P has not, within the preceding 10 days, departed from or transited through an acute risk country or territory,]

(b)arrives in Scotland from elsewhere within the common travel area F95... , and has within the preceding [F9610 days] [F97departed from or transited through a non-exempt country or territory] [F98which is not an acute risk country or territory] [F99, F100...

(c)arrives in Scotland from—

[F101(i)an acute risk country or territory,]

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through [F102an acute risk] country or territory

where P’s arrival in the United Kingdom has been arranged under a UK refugee resettlement scheme] [F103, F104...

(d)arrives in Scotland from—

(i)an acute risk country or territory or

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through an acute risk country or territory,

where P meets the description in regulation 7A(3)(c),]

[F105[F106(e)is a child who arrives in Scotland from—

(i)an acute risk country or territory, or

(ii)elsewhere within the common travel area where P has, within the preceding 10 days, departed from, or transited through an acute risk country or territory, and

P is either—

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

(ii)unaccompanied by an adult,]

(f)arrives in Scotland from—

[F107(i)an acute risk country or territory,]

(ii)elsewhere within the common travel area where P has within the preceding 10 days departed from or transited through [F108an acute risk] country or territory,

and has travelled to the United Kingdom for the purpose of receiving education at a [F109boarding school in the United Kingdom] at which education and accommodation is due to be provided for P.]

[F110(1ZA) Paragraph (2) also applies to a person who—

(a)is not otherwise required to comply with that requirement (by virtue of regulation 6(1) or regulation 7), and

(b)either—

(i)contravenes a requirement in regulation 5A(1), or

(ii)is a child in respect of whom the person responsible contravenes a requirement in regulation 5A(2).]

F111(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must, on their arrival in Scotland, travel without undue delay to specified premises in Scotland and, except to the extent that a defence would be available under regulation 9(6), must not leave those premises until whichever is the [F112later] of—

(a)the end of the [F113tenth day] after the day on which they [F114last departed from or transited through a non-exempt country or territory], or

[F115(b)the end of the period specified in regulation 5G or, as the case may be, 5H.]

[F116(2A) Where regulation 5H(2A) results in a shorter period than paragraph (2)(a), that shorter period applies.]

(3) For the purposes of this regulation, the “specified premises” are—

(a)unless paragraph (b) or (c) applies—

(i)an address specified in P's Passenger Locator Form [F117in accordance with paragraph 2(a) of schedule 1,] as required by regulation 3, where P [F118, or if P is a child any person who has responsibility for P,] has completed a Passenger Locator Form,

(ii)an address specified as the place they intend to stay for the duration of the period specified in paragraph (2) where P [F119, or if P is a child any person who has responsibility for P,] has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in England, Wales or Northern Ireland,

(iii)the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P is a person described in paragraph (1)(b) [F120, (e) or (f)] who has not completed a Passenger Locator Form or equivalent form as described in head (ii),

(iv)the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland, where P is a person described in paragraph 1 of schedule 2 (other than one described in [F121regulation 7(1)(c)]), or

(v)where it is not possible for P to stay at a place in accordance with paragraph (i) to (iv), in accommodation facilitated by the Secretary of State for P for the purposes of paragraph (2),

(b)where P is an asylum seeker [F122of at least 18 years of age], in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M6, F123...

(c)where P is a person described in paragraph 9(1) of schedule 10 of the Immigration Act 2016 M7 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph [F124, 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.]

(4) For the purposes of this regulation, where the specified premises are residential premises those premises include any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

[F125(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.]

(5) Where P is a person described in [F126paragraph 37] of schedule 2, 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 named farm (within the meaning of [F126paragraph 37] of schedule 2).

[F127(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.]

F128(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) If P is a child, any person who has responsibility for the child must ensure, so far as reasonably practicable, that the child complies with this regulation.

[F129(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.]

(8) Nothing in this regulation affects the operation of any requirement or restriction on P by virtue of schedule 21 of the Coronavirus Act 2020 M8 (powers relating to potentially infectious persons) or by virtue of an order made under Part 4 of the Public Health etc. (Scotland) Act 2008 M9.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I6Reg. 6 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M61999 c.33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c.41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c.13), and by paragraph 1 of schedule 11 of the Immigration Act 2016 (c.19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of schedule 10 of the Immigration Act 2016.

[F130Requirement for certain travellers to possess managed self-isolation packageS

6A.—(1) This regulation applies where a person (“P”) arrives in Scotland from—

[F131(a)an acute risk country or territory,] [F132or]

[F133(b)[F134an exempt country or territory, a non-exempt country or territory which is not an acute risk country or territory or elsewhere] within the common travel area where P 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 an acute risk country or territory.]

F135(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P may only enter Scotland at one of the following ports—

(a)Aberdeen Airport,

(b)Edinburgh Airport,

(c)Glasgow Airport,

(d)any military airfield or port.

(3) Paragraph (2) does not apply to P where the aircraft on which P is travelling lands at an airport not mentioned in paragraph (2) for—

(a)a reason relating to the safety or security of the aircraft, or any person aboard it,

(b)any other emergency reason, or

(c)the reason that military personnel disembark at an airport not mentioned in paragraph (2).

(4) P must be in possession of a managed self-isolation package.

(5) The requirement in paragraph (4) may be complied with by P obtaining a managed self-isolation package either before P’s arrival in Scotland or immediately upon P’s arrival in Scotland.

(6) In this regulation, a “managed self-isolation package” means—

(a)a booking for a place in accommodation designated by the Scottish Ministers for the purposes of this regulation in relation to P’s port of arrival in Scotland,

(b)a booking for transport facilitated by the Scottish Ministers from P’s port of arrival in Scotland to the accommodation referred to in sub-paragraph (a), and

(c)a testing package within the meaning given in regulation 5C.

(7) If P is a child, any person who has responsibility for P when P is travelling to Scotland must ensure, so far as is reasonably practicable, that P complies with paragraph (4).

(8) The Scottish Ministers, or a person designated by the Scottish Ministers, may impose a charge for the managed self-isolation package and the Scottish Ministers—

(a)must publish details of such charges in such manner as they consider appropriate, and

(b)may recover any sum owed by P pursuant to such a charge as a debt.

Textual Amendments

Requirement for certain travellers to stay in managed accommodationS

6B.—(1) This regulation applies where a person (“P”) arrives in Scotland F136...—

[F137(a)from an acute risk country or territory, or]

[F138(b)from—

(i)elsewhere within the common travel area,

(ii)a non-exempt country or territory which is not an acute risk country or territory, or

(iii)an exempt country or territory,

where P 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 an acute risk country or territory.]

F139(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P must, on arrival in Scotland or, as the case may be, immediately after obtaining a managed self-isolation package, travel directly to the accommodation designated in the package using the means of transport designated in the package (where relevant) and, except to the extent that a defence would be available under regulation 9(7), P must not leave the place they are staying within that accommodation until whichever is the later of—

(a)the end of the 10th day after the day on which P arrived in Scotland, or

(b)the end of the period specified in regulation 5G or, as the case may be, 5H.

[F140(2A) Where regulation 5H(2A) results in a shorter period than paragraph (2)(a), that shorter period applies.]

(3) The place referred to in paragraph (2) means—

(a)the room in the designated accommodation where P is staying, including any balcony,

(b)if connected to the room where P is staying, the room of any person with whom P travelled to Scotland.

(4) The place referred to in paragraph (3) does not include the communal areas within the accommodation except to the extent that P requires to move through any such area in order to access any part of the place where P is staying.

(5) Where P is a child, any person who has responsibility for P during the period P is required to comply with paragraph (2) must ensure, so far as is reasonably practicable, that P complies with the requirement in that paragraph.

(6) A person (“B”), may reside in the place where P is residing pursuant to this Regulation in order to provide assistance P reasonably requires by reason of—

(a)P being a child, or

(b)any disability of P’s,

and paragraph (2) applies to B as it applies to P for the same period that it applies to P.

Textual Amendments

AppealsS

6C.—(1) While P is or would be required by regulation 6B(2) to stay in the accommodation designated in P’s managed self-isolation package, P may appeal to the sheriff or the summary sheriff against the requirement that P—

(a)possess a managed self-isolation package, or

(b)remain in the accommodation so designated.

(2) An appeal under paragraph (1) is to be made by way of summary application.

(3) The court must determine an appeal brought under paragraph (1) within 3 working days beginning with the day after the day on which the summary application was lodged with the court.

Textual Amendments

Modification of regulations 6A and 6B where P is a relevant personS

6D.—(1) Where P is a relevant person, the reference in regulation 6A(6) to a managed self-isolation package is to be read as a reference to a self-isolation package containing such provisions as to accommodation, transport and testing as the Secretary of State or the Scottish Ministers consider appropriate, and regulations 6A and 6B are to be read accordingly.

(2) P is a relevant person if—

(a)P is—

(i)a person requiring urgent medical assistance,

(ii)a person on immigration bail,

(iii)a person who has been detained by an immigration officer,

(iv)a person who has been refused leave to enter the UK,

(v)an illegal entrant,

(vi)an asylum seeker,

(vii)a person who is in police custody,

(viii)a prisoner,

(ix)a potential victim of human trafficking,

(x)a person whose arrival in the United Kingdom has been arranged, for safeguarding or welfare reasons, by the Foreign, Commonwealth and Development Office,

(xi)a person whom the Scottish Ministers consider requires exceptional arrangements to be made on compassionate grounds, and

(b)the Secretary of State has, or the Scottish Ministers have, confirmed in writing that P is a relevant person, and that confirmation has not been withdrawn.]

Textual Amendments

Persons not required to comply with regulation 6S

7.—[F141(1)] [F142Subject to regulation 6(1ZA) F143...] the following persons are not required to comply with the [F144requirement in regulation 6(2)]—

(a)any person described in regulation 6(1)(b) who—

(i)has arrived from England, and

(ii)is in Scotland, temporarily, for a reason specified in regulation 9(6),

(b)any person who has arrived F145... in Scotland [F146from elsewhere within the common travel area] in order to travel immediately onwards to—

(i)another part of the United Kingdom, or

(ii)elsewhere outside of the United Kingdom,

[F147(ba)an eligible vaccinated arrival, within the meaning given in regulation 2A.]

(c)any person described in paragraph 1(1)(a) to (k) of schedule 2 who meets the conditions set out in paragraph 1(2) of that schedule, F148... F149...

[F150(cza)any person described in paragraph 1A of schedule 2 (specified persons on official business),]

[F151(ca)any person described in paragraph 37 of schedule 2 where that person is required to work in fields or other property under the control of the farming enterprise, but only to the extent specified in that paragraph, F152...]

F153(cba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F154(cb)any international elite sportsperson described in paragraph 38 of schedule 2 but only to the extent specified in paragraph 38(4)(a) or any international ancillary sportsperson described in paragraph 38 of that schedule but only to the extent specified in paragraph 38(4)(b),

F155(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or]

(d)[F156subject to paragraph (2)] any person described in any other paragraph of schedule 2 [F157(including any person who is a domestic elite sportsperson [F158or a domestic ancillary sportsperson] within the meaning of paragraph 38 of that schedule)].

[F159(2) A person (“P”) described in any of the following paragraphs of schedule 2 is exempt from the requirement in regulation 6(2) when P is outside of the specified premises where P is staying in accordance with that regulation in order to travel directly to or from any place where P’s presence is required for the purposes of P’s work or activity (as the case may be), and when P is in attendance at that place—

(a)12,

(b)17 to 25,

(c)27 to 29 (except for paragraph 29(1)(b)),

(d)31 to 36A.

[F160(e)43.]

(3) Paragraph (2) does not apply to a person described in head (b) of paragraph 29(1) of schedule 2, but the requirements of that head apply to that person.]

Textual Amendments

F141Reg. 7 renumbered as reg. 7(1) (7.11.2020 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 22) Regulations 2020 (S.S.I. 2020/358), regs. 1(2), 2(4)(a) (with reg. 3)

Commencement Information

I7Reg. 7 in force at 8.6.2020, see reg. 1(2)

[F161Persons not required to comply with regulation 6A or 6BS

7A.—(1) The persons mentioned in paragraphs (2) and (3) are not required to comply with regulation 6A or 6B.

(2) A person who, by virtue of regulation 6(1), is required to comply with regulation 6(2).

(3) A person who arrives in Scotland from outside the common travel area F162... and who, at any time in the period beginning with the 10th day before the date of their arrival in Scotland, departed from, or transited through, an acute risk country or territory [F163or who is described in regulation 6A(1)(b)], where that person is—

(a)a person described in paragraph 1(1)(a) to (k) of schedule 2 and meets the conditions set out in paragraph 1(2) of that schedule,

(b)described in any of paragraphs 2(1), 3(1), F164[F165... 4C, F164... 4E(1),] 14(1), 14A(1), 15, 16, F166... 17 [F167or 30] of schedule 2.

[F168(ba)a person described in paragraph 4B(1) of schedule 2, unless the person has travelled to the United Kingdom to work, or has been repatriated to the United Kingdom after working, on board a cruise ship,

(bb)a person described in paragraph 4D of schedule 2, unless the person has travelled to the United Kingdom to work on board a cruise ship or after completing work on board a cruise ship,]

[F169(c)a person described in paragraph 38(1) of schedule 2, where that person has—

(i)travelled to Scotland having departed from, or transited through, an acute risk country or territory in order to participate in an event specified in Part 2 of schedule 3A, or

(ii)returned to Scotland having departed from, or transited through, an acute risk country or territory, where that person travelled to or transited through that acute risk country or territory in order to participate in an event specified in Part 2 of schedule 3A.]]

Textual Amendments

PART 4SEnforcement of Part 3

Enforcement of requirement in [F170regulation 6] [F171and 6B]S

8.—(1) Where a constable has reasonable grounds for suspecting that a person (“P”) has contravened the requirement in regulation 6(2) [F172or [F1736B(2)]] the constable may—

(a)direct P to return to the place where P is staying in accordance with regulation 6(2) [F172or [F1736B(2)]],

(b)remove P to the place where P is staying in accordance with regulation 6(2) [F172or [F1736B(2)]], or

(c)where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to a hotel or other accommodation facilitated by the Secretary of State.

(2) Paragraph (1)(b) and (c) do not apply where P is a person described in paragraph 1 of schedule 2.

(3) A constable exercising the power in paragraph (1) may use reasonable force, if necessary, in doing so.

(4) Where a child is outside of the place where they are staying in accordance with regulation 6(2) [F174or [F1756B(2)]] and is accompanied by an individual who has responsibility for the child (“A”)—

(a)a constable may direct A to take the child to the place where the child is staying in accordance with regulation 6(2) [F174or [F1756B(2)]], and

(b)A must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by a constable to the child.

(5) Where a constable has reasonable grounds for suspecting that a child has repeatedly contravened the requirement in regulation 6(2) [F176or [F1776B(2)]], the constable may direct any [F178person] who has responsibility for the child to ensure, so far as reasonably practicable, that the child complies with that requirement.

(6) A constable may only exercise a power in paragraph (1), (4), or (5) if the constable considers that it is a necessary and proportionate means of ensuring compliance with the requirement in regulation 6(2) [F179or [F1806B(2)]].

(7) A constable exercising a power under paragraph (1), (4) or (5) may give to P or A any direction or instruction the constable considers necessary and proportionate.

[F181(8) Where P is a person who falls within regulation 6B(2), an authorised person may give a direction to P to ensure that P complies with the requirements of that regulation, including a direction—

(a)that P remain in a particular area of a port to await transportation to P’s designated accommodation,

(b)that P move to a particular place to board P’s designated transportation,

(c)that P board P’s designated transportation to travel to P’s designated accommodation,

(d)that P remain in, or return to, the place where P is required to stay in accordance with regulation 6B(2).

(9) For the purposes of paragraph (8), an “authorised person” means a person authorised by the Scottish Ministers for the purposes of this Regulation.]

Textual Amendments

Commencement Information

I8Reg. 8 in force at 8.6.2020, see reg. 1(2)

Offences and penalties - Parts 3 and 4S

9.—(1) It is an offence to contravene a requirement in—

(a)regulation 6(2) F182...

(b)regulation 6(7),

[F183(ba)regulation 6A(2),

(bb)regulation 6A(4),]

[F184(c)regulation 6B(2),

(d)regulation 6B(5).]

(2) It is an offence to contravene a requirement in or imposed under regulation 8.

(3) It is an offence for P to provide false or misleading information for the purposes of Part 3 or 4 where P—

(a)knows that the information is false or misleading, or

(b)is reckless as to whether the information is false or misleading.

(4) A person who deliberately obstructs any person carrying out a function under these Regulations commits an offence

(5) It is a defence to a charge of committing an offence under paragraph (1)(b), (2) (3) or (4) to show that the person, in the circumstances, had a reasonable excuse.

(6) It is a defence to a charge of committing an offence under paragraph (1)(a) for the person to show that they are outside of the place where they are staying in accordance with regulation 6(2) F185... for one of the following reasons—

(a)to travel in order to leave Scotland, provided that they do so directly [F186(except where regulation 5H(1)(a) applies in relation to P),]

(b)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household),

[F187(c)to seek medical assistance, including to access any of the following services—

(i)dental services, opticians, audiology services, chiropody services, chiropractors, osteopaths and other medical or health services, including services relating to mental health,

(ii)veterinary surgeons and pet shops,]

(d)on compassionate grounds, to attend a funeral of—

(i)a member of the person's household,

(ii)a close family member, or

(iii)if no-one within sub-paragraphs (i) or (ii) is attending, a friend

[F188(da)on compassionate grounds, for reasons related to the end of a person’s life,]

(e)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(f)to access public services (including social services or victims' services) where—

(i)access to the service is critical to P's well-being, and

(ii)the service cannot be provided if P remains at the premises,

(g)to avoid injury, illness or to escape a risk of harm, or

(h)to move to a different place for the purposes of regulation 6(2) F185... where—

(i)a legal obligation requires P to change the premises at which P resides for the purposes of regulation 6(2), or

(ii)P is otherwise unable to remain at the premises at which P is residing for the purpose regulation 6(2).

[F189(7) It is a defence to a charge of committing an offence under paragraph (1)(c) or (d) for the person to show that they are outside of the place where they are staying in accordance with regulation 6B(2) for one of the following reasons—

(a)to travel in order to leave the common travel area, provided that they do so directly [F190(except where regulation 5H(1)(a) applies in relation to P)],

(b)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(c)on compassionate grounds, to attend a funeral of—

(i)a member of the person’s household,

(ii)a close family member, or

(iii)if no-one within sub-paragraphs (i) or (ii) is attending, a friend,

(e)on compassionate grounds, for reasons relating to the end of a person’s life,

(f)for exercise,

(g)with permission from a person authorised by the Scottish Ministers to grant permission,

(h)in other exceptional circumstances, such as—

(i)to seek medical assistance where this is required urgently or on the advice of a registered medical practitioner including to access services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical and health practitioners, including services relating to mental health,

(ii)to access critical public services including social services or services provided to victims (such as victims of crime),

(iii)to avoid injury or illness or to escape risk of harm,

(iv)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon.

(8) The person may only leave or be outside of the place where they are self-isolating in reliance on the grounds mentioned in paragraph (7)(c), (e) or (f)—

(a)if P has been given prior permission by a person authorised by the Secretary of State or the Scottish Ministers for this purpose;

(b)if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or attendance at the funeral.]

Textual Amendments

Commencement Information

I9Reg. 9 in force at 8.6.2020, see reg. 1(2)

Penalties for offences under regulation 9S

10.  A person who commits an offence under regulation 9 is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Commencement Information

I10Reg. 10 in force at 8.6.2020, see reg. 1(2)

[F191PART 4ASFixed Penalty Notices]

Textual Amendments

Fixed penalty noticesS

11.—(1) A constable may issue a fixed penalty notice to anyone that the constable has reasonable grounds to believe—

(a)has committed an offence under these Regulations, and

(b)is aged 18 or over.

(2) Subject to regulation 12(3) an immigration officer may issue a fixed penalty notice to anyone that the immigration officer has reasonable grounds to believe—

[F192(a)has committed—

(i)an information offence,

(ii)an offence under regulation 5B(1) F193...

[F194(iia)an offence under [F195regulation 5J(1)(a)],]

[F196(iib)an offence under regulation 6A(2),

(iic)an offence under regulation 6A(4),]

(iii)an offence under regulation 9(4), and]

(b)is aged 18 or over.

(3) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.

(4) For the purposes of these Regulations—

(a)the form of a fixed penalty notice,

(b)the effect of a fixed penalty notice, and

(c)the procedure that applies to a fixed penalty notice,

are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 M10, as provided for in sections 129 to 134 of that Act, and section 226B and 226I of the Criminal Procedure (Scotland) Act 1995 M11 subject to the modification in paragraph (5).

(5) The modifications are—

(a)section 129(1) is to be disregarded,

(b)the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),

(c)the definition of “prescribed area” in section 129(2) is to be disregarded,

(d)section 130(1), (2) and (3)(f) is to be disregarded,

(e)the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,

(f)the reference in section 131(5) to “in accordance with this Part” is to be construed as a reference to these Regulations and the reference to “a sum equal to one and a half times” is to be disregarded,

(g)the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a),

(h)the reference to “by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004” in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 is to be construed as a reference to that section as modified by this paragraph, and

(i)the reference to “a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004” is to be construed as a reference to that section as modified by this paragraph.

Textual Amendments

Commencement Information

I11Reg. 11 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

M102004 asp 8. Sections 130, 131, 132 were amended by para 32(b) of schedule 1 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Section 132 was amended by para 32(c) of schedule 1 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6).

M111995 c. 46. Sections 226B and 226I were inserted by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 asp 6 (Scottish Act) Pt 3 s.55. Sections 226B and 226I have been amended by none is relevant.

Fixed penalty notices – penalty amountsS

12.—(1) The penalty payable in respect of a fixed penalty notice issued in respect of an information offence F197... is [F198£480].

F199(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The penalty payable is £480 in respect of a fixed penalty notice issued in respect of an offence under—

[F200(za)regulation 5B(1),]

[F201(zai)regulation 5J(1),]

(a)regulation 9(1), F202...

[F203(b)regulation 9(2),

(c)regulation 9(3), or

(d)regulation 9(4) where the person is believed to have intentionally obstructed any person carrying out a function in relation to [F204Part 2A or] Part 4.]

Textual Amendments

Commencement Information

I12Reg. 12 in force at 8.6.2020, see reg. 1(2)

PART 5SInformation sharing

Power to use and disclose informationS

13.—(1) This regulation applies to a person in Scotland (“P”) who holds relevant information, including where P holds that information as a result of disclosure made in accordance with paragraph (4).

(2) For the purposes of this regulation, “relevant information” is—

(a)information provided in accordance with regulation 3, F205...

(b)passenger information from elsewhere in the UK.

[F206(c)where a person (“B”) is required to self-isolate under these Regulations—

(i)the details of any such period of self-isolation (including the start and end dates of that period and the reason it was imposed);

(ii)a copy of any notice given to B which contains information about the requirement to self-isolate;

(iii)information generated where B books, or attempts to book, accommodation as part of a managed self-isolation package;

(iv)the details of any location in which B undertakes any period of managed self-isolation (including the name and address of the location);

(v)information relating to B obtained by P in the course of providing accommodation to B pursuant to a managed self-isolation package (including B’s room number, the personal details of any of B’s co-habitants, and the details of any absence of B, authorised or otherwise, from the place where B is self-isolating);

(vi)information relating to B obtained by P in the course of providing transport to a location at which B undertakes, or is due to undertake, any period of managed self-isolation;

(vii)information relating to B obtained by P in the course of providing any service in connection with a managed self-isolation package,

(d)where B is required to obtain a testing package (within the meaning of regulation 5C) or undertake a post-arrival test under these Regulations—

(i)information generated where B books, or attempts to book, a testing package;

(ii)a copy of any notice given to B which contains information about the requirement to book a testing package or to undertake a test;

(iii)the results of a test undertaken by B (whether or not that test was provided as part of a testing package);

(v)information obtained by P in the course of providing a test that falls within paragraph (iii) and is undertaken, or in the course of arranging for such a test to be undertaken, by B (including confirmation that the test was undertaken, details of when and where it was undertaken, any reasons for a test not be being undertaken and the details of any replacement test to be undertaken),

[F207(e)]information provided to an immigration officer pursuant to these Regulations, or

[F208(f)]where a sample taken in respect of a day 2 test (within the meaning of regulation 5C) has been sequenced, the sorted BAM file relating to that sample containing all reads aligning to the SARS-CoV-2 reference genome with unaligned and human reads removed.]

(3) P may only use the relevant information where it is necessary for the purpose of—

(a)carrying out a function under these Regulations,

(b)preventing danger to public health as a result of the spread of infection or contamination with coronavirus,

(c)monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease,

(d)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or the incidence of coronavirus disease, or

(e)for a purpose connected with, or otherwise incidental to a purpose described in sub-paragraph (a) to (d).

(4) Subject to paragraph (6), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information—

(a)for the purpose of carrying out a function of the recipient under—

(i)these Regulations, or

(ii)regulations made as respects England, Wales or Northern Ireland (as the case may be) that is equivalent to provision made under these Regulations,

(b)for the purpose of—

(i)preventing danger to public health as a result of the spread of infection or contamination with coronavirus,

(ii)monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease,

(iii)giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or the incidence of coronavirus disease, or

(c)a purpose connected with, or otherwise incidental to, a purpose described in paragraph (a) or (b).

[F209(4A) A constable or a person responsible for arranging or providing services (including security services) in respect of accommodation as part of a managed self-isolation package may, where necessary for the purpose of carrying out a function under these Regulations, request from B the following information—

(a)confirmation that B possesses a testing package (within the meaning of regulation 5C) and the details of that testing package (including the time and date of the tests);

(b)confirmation that B has undertaken any test in accordance with a testing package and, if not, an account of the reasons;

(c)the result of any test B has undertaken in accordance with a testing package.]

(5) Subject to paragraph (7), disclosure which is authorised by this regulation does not breach an obligation of confidence owed by the person making the disclosure.

(6) Despite paragraphs (3), (4) and (5), this regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(7) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(8) For the purposes of this regulation—

(a)“data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M12, and

(b)“passenger information from elsewhere in the UK” means information provided to a person in accordance with provision in regulations made as respects England, Wales or Northern Ireland (as the case may be) that is equivalent to provision made under these Regulations.

Textual Amendments

Commencement Information

I13Reg. 13 in force at 8.6.2020, see reg. 1(2)

Marginal Citations

PART 6SReview and expiry of Regulations

Review of need for restrictionsS

14.  The Scottish Ministers must review the need for the requirements imposed by these Regulations at least once every [F21028 days], with the first review being carried out by 29 June 2020.

Textual Amendments

Commencement Information

I14Reg. 14 in force at 8.6.2020, see reg. 1(2)

Expiry of RegulationsS

15.—(1) These Regulations expire [F211on 20 September 2021].

(2) The expiry of these Regulations does not affect the validity of anything done pursuant to these Regulations before they expire.

Textual Amendments

Commencement Information

I15Reg. 15 in force at 8.6.2020, see reg. 1(2)

JEANE FREEMAN

A member of the Scottish Government

St Andrew's House,

Edinburgh

Yn ôl i’r brig

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