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) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021.

Regulation 2(3)(a), (4) to (6) and (7)(a) amends the International Travel Regulations to make provision for persons who have been invited to travel to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs to conduct official business. The effect of the amendments is that such persons are not required to comply with regulation 5A (requirement to possess notification of negative test result) of the International Travel Regulations. Such persons are also not required to comply with regulations 5D to 5J (testing following arrival in Scotland) or regulation 6 (requirement to stay in specified premises) of those Regulations, where the Secretary of State has confirmed so in writing to the person.

Regulation 2(3)(b) and (7)(b) amends the International Travel Regulations to make provision for in-flight security officers. The effect of these amendments is that in-flight security officers who have travelled to the United Kingdom in the course of their work are not required to comply with regulation 5A (requirement to possess notification of negative test result), regulations 5D to 5J (testing following arrival in Scotland) or regulation 6 (requirement to stay in specified premises) of those Regulations.

Regulation 2(7)(c) amends paragraph 38 of schedule 2 of the International Travel Regulations (persons not required to comply with certain regulations) to omit the references in that paragraph to the host cities of the next Olympic, Paralympic and Commonwealth Games. The effect of these amendments is that the existing exception provided for by paragraph 38 of schedule 2 is extended to cover sportspersons competing for the right to qualify for any future Olympic, Paralympic or Commonwealth Games.

Regulation 3 amends regulations 6 and 7 of the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 to provide that the duties for operators to ensure passengers have completed a Passenger Locator Form and possess notification of a negative test result do not apply in relation to a passenger who is lawfully compelled to travel to the United Kingdom in the course of an extradition, prisoner repatriation or deportation.