The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 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”) and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (“the Information Regulations”).

Regulation 3 amends regulation 5C of the International Travel Regulations, in particular to add seasonal agricultural workers (persons described in paragraph 37 of schedule 2) to the list of persons in schedule 2 to whom regulations 5D to 5J apply, by virtue of section 5C(1)(b). It also extends the application of regulations 5D to 5J to arrivals in Scotland from exempt countries and territories or from elsewhere in the common travel area where they have, within the preceding 10 days, departed from or transited through an exempt country or territory.

Regulation 4 amends regulation 5E of the International Travel Regulations in particular to include in the information to be provided to the test provider the date on which a person last departed from or transited through an exempt country. It also requires arrivals from exempt countries to inform the test provider the address where they will be resident at the time they undertake their day 2 test if that address is not their home address.

Regulation 5 amends regulation 5F of the International Travel Regulations so that it has the effect that a person arriving in Scotland who is a person referred to in regulation 5C(1)(a) and (b) of those Regulations requires to undertake a day 2 and day 8 test. It also has the effect that a person arriving in Scotland referred to in regulation 5C(1)(c) (a person who arrives in Scotland from an exempt country or territory, or from elsewhere in the common travel area where they have, within the preceding 10 days, departed from or transited through an exempt country or territory) requires to undertake a day 2 test.

Regulation 6 amends regulation 5G of the International Travel Regulations to re-state what action is required to be taken by a person who arrives in Scotland who is a person referred to in regulation 5C(1)(a) or (b) and who both (i) fails to take a day 2 test, or (ii) undertakes a day 2 test the result of which is negative or inconclusive and who fails to undertake a day 8 test.

Regulation 7 amends regulation 5H of the International Travel Regulations to re-state what action is required to be taken by a person who arrives in Scotland and who is a person referred to in regulation 5C(1)(a) or (b) when their day 2 or day 8 test generates a positive result.

Regulations 8 amends regulation 6(1) of the International Travel Regulations to require that all persons entering Scotland from a non-exempt country or territory which is not an acute risk country or territory (and has not within the preceding 10 days departed from or transited through an acute risk country or territory) must on their arrival in Scotland stay in specified premises as set out in regulation 6(2). Regulation 6 of the International Travel Regulations as amended by regulation 8 also requires that those travellers entering Scotland under a UK refugee resettlement scheme, persons referred to in regulation 7A(3)(a) of the International Travel Regulations (certain sportspersons), unaccompanied children or children attending boarding school, stay in specified premises as set out in regulation 6(2) if they have entered Scotland from a country or territory which is an acute risk country or territory (or from elsewhere in the common travel area if within the preceding 10 days they have departed from or transited through an acute risk country or territory).

Regulation 9 amends regulation 6A of the International Travel Regulations to provide that persons arriving in Scotland from acute risk countries or territories or those who have arrived in Scotland from elsewhere in the common travel area having departed from or transited through an acute risk country or territory in the period beginning with the 10th day before the date of their arrival in Scotland must possess a managed self-isolation package.

Regulation 10 amends regulation 6B to require a person to stay in managed accommodation if they have arrived in Scotland from: an acute risk country or territory; or if they arrive in Scotland from an exempt country or territory, or from non-exempt country or territory which is not an acute risk country or territory or from another part of the common travel area but have departed from or transited through an acute risk country or territory in the period beginning with the 10^th day before the date of their arrival in Scotland.

Regulation 11 amends the lists of exempt countries and territories specified in schedule A1 of the International Travel Regulations. Eight countries are added to part 1 of the schedule (countries, territories, or parts of countries or territories) and four entries are added to part 2 (United Kingdom Overseas Territories). The effect is to remove the requirement on a person who arrives in Scotland from those countries or territories (and who has not departed from or transited through a non-exempt country or territory or an acute risk country or territory within the preceding 10 days) to either stay in specified premises or enter managed isolation on arrival in Scotland.

Regulation 12 makes amendments to the Information Regulations to update the information that operators are required to provide to passengers who arrive in Scotland.

Regulation 13 makes saving provision such that a person who arrives in Scotland on or after 8 June 2020, but before the coming into effect of an amendment made by these Regulations to the International Travel Regulations, must comply with the International Travel Regulations as they were at the time at which the person arrived in Scotland.