The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) Regulations 2021

Scottish Statutory Instruments

2021 No. 181

Public Health

The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) Regulations 2021

Approved by the Scottish Parliament

Made

8th April 2021

Coming into force

at 4.00 a.m. on 9th April 2021

Laid before the Scottish Parliament

13th May 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b)(i) and 122(2) 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.  These Regulations may be cited as the Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) Regulations 2021 and come into force at 4.00 a.m. on 9 April 2021.

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

2.  The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020(2) are amended in accordance with regulations 3 to 5.

Amendment of regulation 5C

3.  For regulation 5C(1) (testing following arrival in Scotland)(3), substitute—

“(1) Regulations 5D to 5K 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), or

(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—

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

(ii) paragraphs 18 to 28 (essential infrastructure etc. personnel),

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

(iv) paragraphs 35 to 36 (telecoms etc. personnel).”.

Amendment of regulation 6

4.  For regulation 6(1)(a) (requirement for travellers to stay in specified premises)(4), substitute—

“(a) arrives in Scotland from a non-exempt country or territory which is not an acute risk country or territory where P—

(i) has not, within the preceding 10 days, departed from or transited through an acute risk country or territory, and

(ii) is a person described in any paragraph of schedule 2 (subject to  regulation 7),”.

Amendment of schedule A2

5.  In schedule A2 (acute risk countries, territories or parts thereof)(5)—

(a) after “Argentina” insert “Bangladesh”,

(b) after “Guyana” insert “Kenya”,

(c) after “Oman” insert “Pakistan”,

(d) after “Peru” insert “Philippines”.

Amendment of the Health Protection (Coronavirus) (International Travel, Prohibition on Travel from the United Arab Emirates) (Scotland) Amendment Regulations 2021

6.  Regulations 2, 3, 4 and 6(1) of the Health Protection (Coronavirus) (International Travel, Prohibition on Travel from the United Arab Emirates) (Scotland) Amendment Regulations 2021(6) are revoked.

Saving

7.  The amendments made by regulation 5 do not apply in relation to any person who arrived in Scotland during the period beginning at 12:01 a.m. on 8 June 2020 and ending immediately prior to the coming into force of these Regulations, and the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 continue to apply to such persons as if the amendments made by regulation 5 of these Regulations had not been made.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

8th April 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the International Travel Regulations”).

Regulations 3 and 4 make minor technical changes to regulations 5C and 6 of the International Travel Regulations. Regulation 3 substitutes a new regulation 5C(1) to make clearer the scope of the testing requirements in regulations 5C to 5K, and regulation 4 substitutes a new regulation 6(1)(a) to clarify the application of the requirement to self-isolate in specified premises where individuals are not required to enter managed isolation due to their holding a sectoral exemption.

Regulation 5 amends the list of acute risk countries and territories specified in schedule A2 of the International Travel Regulations. Bangladesh, Kenya, Pakistan and Philippines are added to the list of acute risk countries and territories. The effect is that in addition to existing restrictions, as of 4.00 a.m. on 9 April 2021, arrivals in Scotland via the common travel area who have in the previous 10 days departed from, or transited through, one of these countries may only enter Scotland at a designated airport, and they must be in possession of a managed self-isolation package. Exemptions from isolation are constrained for travellers who have in the previous 10 days departed from, or transited through, an acute risk country or territory.

Regulation 6 amends the Health Protection (Coronavirus) (International Travel, Prohibition on Travel from the United Arab Emirates) (Scotland) Amendment Regulations 2021 to remove the prohibition on arrival into Scotland of relevant aircraft travelling directly from the United Arab Emirates.

(1)

2008 asp 5.

(2)

S.S.I. 2020/169, relevantly amended by S.S.I. 2021/5, S.S.I. 2021/19, S.S.I. 2021/34, S.S.I. 2021/52, S.S.I. 2021/74, S.S.I. 2021/111 and S.S.I. 2021/158.

(3)

Regulation 5C was inserted by S.S.I. 2021/74.

(4)

Regulation 6(1)(a) was amended by S.S.I. 2020/209, S.S.I. 2021/74 and S.S.I. 2021/107.

(5)

Schedule A2 was inserted by S.S.I. 2021/5 and was relevantly amended by S.S.I. 2021/19 and S.S.I. 2021/158.

(6)

S.S.I. 2021/52.