The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020

Scottish Statutory Instruments

2020 No. 184

Public Health

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020

Approved by the Scottish Parliament

Made

at 1.00 p.m. on 20th June 2020

Laid before the Scottish Parliament

22nd June 2020

Coming into force in accordance with regulation 1(2)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 2008(1) and all other powers enabling them to do so.

In accordance with section 122(6) of that Act, the Scottish Ministers consider that these Regulations need to be made urgently, without a draft having been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020.

(2) These Regulations come into force immediately after they are made.

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

2.—(1) The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020(2) (“the Principal Regulations”) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 3(4)(b), for “regulation 7(1)(a)” substitute “regulation 7(a)”.

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

(a) in paragraph (3)(a)(iv), for “regulation 7(1)(c)(i)” substitute “regulation 7(c)”,

(b) in paragraph (5), for “paragraph 38” in each case substitute “paragraph 37”,

(c) in paragraph (6), for “regulation 10(4)” substitute “regulation 9(6)”.

(4) In regulation 7 (persons not required to comply with regulation 6)—

(a) in paragraph (c), omit from “any person described in paragraph 38” to the end of that paragraph,

(b) after paragraph (c)—

(i) omit “or”,

(ii) insert—

“(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, or”.

(5) In schedule 2 (persons not required to comply with regulation 3 or regulation 4)—

(a) in the schedule heading, for “regulation 4” substitute “regulation 6”,

(b) in the Part 1 heading, for “4” substitute “6”,

(c) in paragraph 1(1), omit “, is not required to comply with regulation 3”,

(d) in paragraph 1(2), for “regulation 7(1)(c)(i)” substitute “regulation 7(c)”,

(e) omit paragraph (5),

(f) in paragraph (8)(1)—

(i) at the end of sub-paragraph (a), omit “and”,

(ii) omit sub-paragraph (b).

Seamen and masters who arrived in Scotland on or after 8 June and before the coming into force of these Regulations

3.—(1) This regulation applies to seamen and masters who—

(a) arrived in Scotland—

(i) on or after 8 June 2020, and

(ii) before the coming into force of these Regulations,

(b) had travelled to the United Kingdom in the course of their work or had been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007, and

(c) were not required to undertake work as a seaman or master which commenced during the period specified in regulation 6(2) (requirement for travellers to stay in specified premises) of the Principal Regulations.

(2) The requirement in regulation 6(2) of the Principal Regulations ceases to apply to those seamen and masters on the coming into force of these Regulations.

(3) For the purposes of this regulation, “seaman” and “master” have the meanings given in section 313(1) of the Merchant Shipping Act 1995(3).

(4) For the purposes of paragraph (1)(b)—

(a) “the Maritime Labour Convention, 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation(4), and

(b) “the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation(5).

HUMZA YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 1.00 p.m. on 20th June 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.

These Regulations make amendments to the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the Principal Regulations”). Regulation 2 amends regulations 3, 6, 7, and certain paragraphs of schedule 2, to fix incorrect cross-references and make other minor amendments.

Regulation 6 of the Principal Regulations places a requirement on travellers to remain in a specified place for a period of 14 days. Schedule 2 specifies persons who are exempt. These Regulations amend paragraph 8 of schedule 2 which was restricted to seamen and masters who were required to commence work within 14 days of arrival in order to qualify for the exemption from regulation 6(2) of the Principal Regulations.

Regulation 3 disapplies the requirement in relation to seamen and masters who arrived in Scotland between the 8 June 2020 and the date that these Regulations come into force in respect of seamen and masters to whom that requirement applied on their arrival.

(1)

2008 asp 5.

(2)

S.S.I. 2020/169, last amended by S.S.I. 2020/171.

(3)

1995 c.21. There are amendments to section 313(1) but none are relevant.

(4)

Cm. 7049.

(5)

Cm 7375.