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

PART 1 S Diplomats, Crown Servants, visiting forces etc.

[F1 1.— (1) A person (“P”) who is— S

(a) a member of a diplomatic mission in the United Kingdom,

(b) a member of a consular post in the United Kingdom,

(c) passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(d) a sovereign or other head of State who enjoys immunities and privileges by virtue of the State Immunity Act 1978,

(e) a member of the family forming part of the household of a person falling within any of paragraphs (a) to (d),

(f) a diplomatic courier or a consular courier.

(2) A person (“P”) described in sub-paragraph (5)(a) who meets the conditions set out in sub-paragraph (6).

(3) A person (“P”) who is travelling to the United Kingdom to conduct official business who—

(a) is described in sub-paragraph (5)(b) to (e) and meets the conditions set out in sub-paragraph (7),

(b) is described in sub-paragraph (5)(f) and meets the conditions set out in sub-paragraph (8).

(4) A person (“P”) described in sub-paragraph (5)(f) to (h) who is travelling to the United Kingdom to conduct official business with the United Kingdom and meets the conditions set out in sub-paragraph (9).

(5) A person who—

(a) enjoys relevant immunities and privileges in the United Kingdom,

(b) is an officer or servant of an international organisation,

(c) is employed by an international organisation as an expert or on a mission,

(d) is a representative to an international organisation,

(e) is a member of the official staff of a representative to an international organisation,

(f) is a representative of a foreign country or territory,

(g) is a representative of the government of a British overseas territory,

(h) is a specified person.

(6) The conditions referred to in sub-paragraph (2) are—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is travelling to the United Kingdom, the office held by P and the capacity in which P is travelling to the United Kingdom, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to fall within the description in sub-paragraph (5)(a).

(7) The conditions referred to in sub-paragraph (3)(a) are—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to be travelling to the United Kingdom to conduct relevant work.

(8) The conditions referred to in sub-paragraph (3)(b) are—

(a) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work relating to—

(i) essential maintenance and repair of an information technology or security system necessary for the functioning of a mission or consular post in the United Kingdom which represents the relevant foreign country, or

(ii) the holding of an election or referendum in accordance with the laws or regulations of a foreign country or territory, and

(b) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in head (a) that it considers P to be travelling to the United Kingdom to conduct the relevant work.

(9) The conditions referred to in sub-paragraph (4) are—

(a) where P is not a specified person—

(i) the stipulated person, or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that P is required to undertake relevant work, and

(ii) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person giving the confirmation referred to in sub-head (i) that P is travelling to the United Kingdom to conduct official business with the United Kingdom,

(b) where P is a specified person—

(i) P has been invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii) prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom.

(10) For the purposes of this paragraph—

“consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

“diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

“international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

“member of a consular post” means a “consular officer”, “consular employee” and “members of the service staff” as defined in schedule 1 of the Consular Relations Act 1968, and “head of consular post” has the meaning given in that schedule,

“member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in schedule 1 of the Diplomatic Privileges Act 1964,

“relevant immunities and privileges” means inviolability, immunity from arrest or detention, or any immunity or privilege with equivalent effect which is accorded (other than by virtue of being a person described in sub-paragraphs (1) or (5)(b) to (g)) to any person under the law of Scotland,

“relevant work” means—

(a)

where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the functioning of the relevant international organisation,

(b)

where P is a person described in sub-paragraph (5)(f), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the foreign country represented by the relevant mission or consular post in the United Kingdom or the foreign territory represented by the relevant office in the United Kingdom (as the case may be),

(c)

where P is a person described in sub-paragraph (5)(g), work which the relevant stipulated person confirms in writing to the Foreign, Commonwealth and Development Office is essential to the relevant British overseas territory,

“specified person” means a person who is a member of the democratic opposition in a foreign country or territory, a member of a political party in a foreign country or territory, or who undertakes activities in a foreign country or territory that support government policy related to national security, the promotion and protection of human rights, the mitigation of, or adaptation to, climate change, the maintenance of international peace and security, or the maintaining or enhancing of biodiversity,

“stipulated person” means—

(a)

where P is a person described in sub-paragraph (5)(a), the head of the relevant international organisation, the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of office representing a foreign territory in the United Kingdom (as the case may be),

(b)

where P is a person described in sub-paragraph (5)(b), (c), (d) or (e), the head of the relevant international organisation,

(c)

where P is a person described in sub-paragraph (5)(f), the relevant head of the mission or head of consular post in the United Kingdom or the relevant head of the office representing a foreign territory in the United Kingdom (as the case may be),

(d)

where P is a person described in sub-paragraph (5)(g), the relevant Governor of a British overseas territory.

(11) Any exemption provided for in this schedule or any other provision of these Regulations is without prejudice to any immunity or privilege which is accorded to any person under the law of Scotland.]

Textual Amendments

F1 Sch. 4 para. 1 substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(a) (with reg. 19)

2.—(1) A Crown servant or government contractor who is— S

(a) required to undertake essential government work related to the United Kingdom border in the United Kingdom F2 ..., or

(b) undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i) is required to return to the United Kingdom temporarily,

(ii) will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M1 (“the 1989 Act”),

“essential government work” means work which has been designated as such by the relevant Department or employer, and

“government contractor” has the meaning given in section 12(2) of the 1989 Act.

Textual Amendments

F2 Words in sch. 4 para. 2(1)(a) omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(b) (with reg. 19)

Commencement Information

I1 Sch. 4 para. 2 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M1 1989 c. 6.

3.—(1) A person who is a Crown servant, a government contractor or a member of a visiting force, who— S

(a) is required to undertake work necessary to the delivery of essential defence activities, F3 ...

[F4 (b) has travelled from a point of origin, other than a red list country, on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any red list country, or]

(c) has undertaken a continuous period of at least 10 days immediately preceding their arrival aboard a vessel operated by or in support of Her Majesty's Naval Service or by or in support of a visiting force, [F5 where the person has not disembarked] and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least 10 days immediately preceding its arrival in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

“defence” has the meaning given in section 2(4) of the Official Secrets Act 1989, and

“visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty's Government in the United Kingdom.

Textual Amendments

F3 Word in sch. 4 para. 3(1)(a) omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(c)(i) (with reg. 19)

F4 Sch. 4 para. 3(1)(b) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(c)(ii) (with reg. 19)

F5 Words in sch. 4 para. 3(1)(c) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(c)(iii) (with reg. 19)

Commencement Information

I2 Sch. 4 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  An official of a foreign Government, required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where— S

[F6 (a) they are in possession of a written notice signed by a senior member of their foreign Government confirming that they are required to undertake essential border security duties in the United Kingdom, or]

(b) their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Textual Amendments

F6 Sch. 4 para. 4(a) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(d) (with reg. 19)

Commencement Information

I3 Sch. 4 para. 4 in force at 20.9.2021, see reg. 1(2)

F7 4A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F7 Sch. 4 para. 4A omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(e) (with reg. 19)

5.—(1) Any person who has been certified by the relevant Department or the Scottish Ministers as meeting the description in heads (a), (b) or (c)— S

(a) a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom [F8 or is returning from conducting essential policing or essential government work outside of the United Kingdom,]

(b) a person [F9 required to undertake essential state business in the United Kingdom or] returning from conducting essential state business outside of the United Kingdom,

[F10 (c) a person returning to the United Kingdom where this is necessary to facilitate essential government operations.]

(2) For the purposes of sub-paragraph (1)—

“consular post” means any consulate-general, consulate, vice-consulate or consular agency,

“Crown Servant” and “government contractor” have the meanings given in paragraph 2(2),

[F11 “essential government operations” means activity which has been designated as essential to the United Kingdom or Her Majesty’s Government by the relevant Department, and includes, in particular, activity relating to the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty,]

“essential government work” means work which has been designated as such by the relevant Department or the Scottish Ministers and includes, in particular—

(a)

work related to national security,

(b)

the work of the National Crime Agency in pursuance of its statutory functions, and

(c)

work related to immigration, coronavirus or any other crisis response,

but does not include work of the description in paragraph 2 of this schedule,

“essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

“essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty's Government by the relevant Department, and includes, in particular—

(a)

bilateral or multilateral discussions with another state or international organisation, and

(b)

visits to another state on behalf of the United Kingdom or Her Majesty's Government.

Textual Amendments

F8 Words in sch. 4 para. 5(1)(a) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(f)(i)(aa) (with reg. 19)

F9 Words in sch. 4 para. 5(1)(b) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(f)(i)(bb) (with reg. 19)

F10 Sch. 4 para. 5(1)(c) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(f)(i)(cc) (with reg. 19)

F11 Words in sch. 4 para. 5(2) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(f)(ii) (with reg. 19)

Commencement Information

I4 Sch. 4 para. 5 in force at 20.9.2021, see reg. 1(2)

6.—(1) A person [F12 required to undertake essential or emergency work in the United Kingdom or] returning from conducting essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department or the Scottish Ministers as necessary to facilitate essential government work F13 .... S

(2) For the purposes of sub-paragraph (1), “essential government work” [F14 has the meaning] given in paragraph 5.

Textual Amendments

F12 Words in sch. 4 para. 6(1) inserted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(g)(i)(aa) (with reg. 19)

F13 Words in sch. 4 para. 6(1) omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(g)(i)(bb) (with reg. 19)

F14 Words in sch. 4 para. 6(2) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(g)(ii) (with reg. 19)

Commencement Information

I5 Sch. 4 para. 6 in force at 20.9.2021, see reg. 1(2)

F15 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F15 Sch. 4 para. 7 omitted (11.2.2022 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 14(1)(h) (with reg. 19)