The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

Part 6: persons not required to comply S

27.—(1) Subject to regulation 26(1)(c), the following persons are not required to comply with regulation 26—

(a) a person who—

(i) has arrived from England, and

(ii) is in Scotland, temporarily, for a reason mentioned in regulation 32(2)(a) to (j),

(b) a person who has arrived in Scotland from 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,

[F1 (c) a person who, on arrival in the United Kingdom—

(i) passes through to another country or territory outside the common travel area without entering the United Kingdom, or

(ii) enters the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(aa) remains within their port of entry until their departure from Scotland, or

(bb) travels directly from their port of entry to another port of departure in Scotland,]

[F2 (ca) a person who—

(i) is an eligible vaccinated arrival,

(ii) is under the age of 11,

(iii) travels to Scotland without any adult who has responsibility for them,]

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (e) a person described in paragraph 1(1)(c) to (g) or (i) or (j) of schedule 4 where the conditions in paragraph 1(2) of that schedule are met,

(ea) a person in paragraph 1(1)(a), (b), (h) or (k) of schedule 4 or a person who is a member of the family forming part of the household of a person described in paragraph 1(1)(a), (b) or (h) of schedule 4,]

(f) a person described in paragraph 7 of schedule 4 (specified persons on official business),

(g) a person described in paragraph 41 of schedule 4 (seasonal agricultural worker), but only—

(i) if the person is staying at the named farm, within the meaning of that paragraph (and not in any other accommodation mentioned in regulation 26(6)), and

(ii) while the person is carrying out the work or activities specified in that paragraph in fields or other property under the control of the farming enterprise,

(h) an international elite sportsperson or an international ancillary sportsperson within the meaning of paragraph 42 of schedule 4, where that person is—

(i) travelling directly to or from, or attending the location of, the specified competition or training for the specified competition (as the case may be), or

(ii) travelling between different locations where the specified competition or training for the specified competition (as the case may be) is taking place,

(i) a person described in any paragraph of schedule 4 mentioned in paragraph (2), but only where that person is—

(i) travelling directly to or from any place where that person's presence is required in connection with the work or activity (as the case may be) referred to in the relevant paragraph of schedule 4, or

(ii) attending the location of that work or activity (as the case may be),

(j) a person described in any paragraph of schedule 4 that is not otherwise mentioned in this regulation, including any person who is a domestic elite sportsperson or a domestic ancillary sportsperson within the meaning of paragraph 42 of that schedule.

[F5 (1A) The full or partial disapplication of the requirement to comply with regulation 26 that is provided for in paragraph (1)(e) and (ea) does not apply to a person who is both—

(a) a red list arrival, and

(b) described in paragraph 1(1)(a) to (h) or (k) of schedule 4 or a person who is a member of the family forming part of the household of a person described in paragraph 1(1)(a), (b) or (h) of schedule 4.]

(2) The paragraphs of schedule 4 referred to in paragraph (1)(i) are—

(a) 4 (border security)

[F6 (aa) 4A (essential foreign policing),]

(b) 11 (in-flight security officers),

(c) 13 (civil aviation inspectors),

(d) 19 (extradition escorts),

(e) 20 to 28 (essential and emergency workers etc.),

(f) 30 to 34 (specialist technical and communications workers),

(g) 35 (except for paragraph 35(1)(b)) (persons with pre-arranged healthcare),

(h) 37 to 40 (healthcare workers etc.),

[F7 (i) 43 and 44 (performing arts, film and TV production, etc).]

(3) Paragraph (2) does not apply to a person described in head (b) of paragraph 35(1) of schedule 4, but the requirements of that head apply to that person.

Textual Amendments

F1 Reg. 27(1)(c) substituted (22.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 7) Regulations 2021 (S.S.I. 2021/425), regs. 1, 9(a) (with reg. 13)

F2 Reg. 27(1)(ca) inserted (15.12.2021 at 4.00 a.m.) by The Public Health (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 13) Regulations 2021 (S.S.I. 2021/470), regs. 1, 4 (with reg. 6)

F3 Reg. 27(1)(d) omitted (30.11.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/443), regs. 1, 9 (with reg. 12)

F4 Reg. 27(1)(e)(ea) substituted for reg. 27(1)(e) (9.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/357), regs. 1(2), 9(2) (with reg. 16(1))

F5 Reg. 27(1A) inserted (15.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 5) Regulations 2021 (S.S.I. 2021/359), regs. 1(2), 6 (with reg. 14)

F6 Reg. 27(2)(aa) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 8(2)(a) (with reg. 17)

F7 Reg. 27(2)(i) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 8(2)(b) (with reg. 17)

Commencement Information

I1 Reg. 27 in force at 20.9.2021, see reg. 1(2)