The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020
2020 No. 169
Public Health
The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020
Made 7th June 2020
Laid before the Scottish Parliament 8th June 2020
Coming into force 8th June 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 94(1)(b)(i) of the Public Health etc. (Scotland) Act 20081, 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.
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.
(2) These Regulations come into force on 8 June 2020.
Interpretation
2.—(1) In these Regulations—
“child” means a person under the age of 16,
“common travel area” has the meaning given in section 1(3) of the Immigration Act 19712,
“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 20123,
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),
“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of schedule 2 of the Immigration Act 19714,
“information offence” means an offence under regulation 5(1) or (2) or an offence under regulation 9(4) where the person is believed to have intentionally obstructed an immigration officer carrying out a function in relation to Part 2,
“passenger information” means the information specified in schedule 1, and
“Passenger Locator Form” means the electronic form published by the Secretary of State for the provision of passenger information5.
(2) For the purposes of these Regulations, an individual has responsibility for a child if the individual has—
(a)
(a) custody or charge of the child for the time being, or
(b)
(b) parental responsibilities or parental rights in relation to the child (see sections 1(3) and 2(4) of the Children (Scotland) Act 1995)6.
PART 2
Requirement to provide information
3.—(1) This regulation applies where a person (“P”) arrives in Scotland—
(a)
(a) from outside the common travel area, or
(b)
(b) from within the common travel area, if P has been outside the common travel area at any time in the period beginning with the 14th day before P’s arrival into Scotland.
(2) P must provide to the Secretary of State—
(a)
(a) P’s passenger information, and
(b)
(b) where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child.
(3) The requirement in paragraph (2) can be complied with—
(a)
(a) by P prior to P’s arrival into Scotland submitting electronically to the Secretary of State a Passenger Locator Form containing—
(i) P’s passenger information, and
(ii) where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child,
(b)
(b) where P has arrived in Scotland from England, Wales or Northern Ireland by P prior to P’s arrival into England, Wales or Northern Ireland having submitted electronically to the Secretary of State a Passenger Locator Form containing—
(i) P’s passenger information, and
(ii) where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child, or
(c)
(c) by P as soon as reasonably practicable upon arriving in Scotland submitting electronically, using a facility provided by the Secretary of State for this purpose, a Passenger Locator Form, containing—
(i) P’s passenger information, and
(ii) where P is accompanied by any child for whom P has responsibility, passenger information pertaining to that child.
(4) P is not required to comply with the requirement in paragraph (2) where P is—
(a)
(a) a child and the child’s passenger information has been provided under paragraph (3)(a)(ii), (b)(ii) or (c)(ii) by another person,
(b)
(b) a person described in described in regulation 7(1)(a), or
(c)
(c) a person described in any of paragraphs 1 to 4 of schedule 2.
(5) A person who has provided passenger information in accordance with paragraph (3)(a) or (b) must provide evidence that they have done so if requested by an immigration officer.
(6) Nothing in this regulation requires P to provide passenger information if the information is not within P’s knowledge or possession or under P’s control.
Requirement to update passenger information
4.—(1) Paragraph (2) applies where—
(a)
(a) P is required to comply with the requirement in regulation 6(2), and
(b)
(b) prior to the expiry of the period referred to in regulation 6(2)(a),
(i) the passenger information provided by P in accordance with regulation 3 is no longer accurate, or
(ii) passenger information relating to P or a child accompanying P comes within P’s knowledge or possession or under P’s control.
(2) P must, as soon as reasonably practicable, take all reasonable steps to provide the updated passenger information to the Secretary of State using the Passenger Locator Form.
(3) Nothing in this regulation requires P to provide passenger information if the information is not within P’s knowledge or control.
Passenger information: offences and penalties
5.—(1) A person who contravenes the requirement in regulation 3 or 4(2) commits an offence.
(2) It is an offence for P to provide false or misleading information for the purposes of regulation 3 or 4, where P—
(a)
(a) knows that the information is false or misleading, or
(b)
(b) is reckless as to whether the information is false or misleading.
(3) It is a defence to a charge of committing an offence under paragraph (1) or (2) to show that the person, in the circumstances, had a reasonable excuse.
(4) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
PART 3
Requirement for travellers to stay in specified premises
6.—(1) This regulation applies where a person (“P”)—
(a)
(a) arrives in Scotland from outside the common travel area, or
(b)
(b) arrives in Scotland from elsewhere within the common travel area, and has within the preceding 14 days been outside the common travel area.
(2) P must, on their arrival in Scotland, travel without undue delay to specified premises in Scotland and, except to the extent that a defence would be available under regulation 9(6), must not leave those premises until whichever is the earlier of—
(a)
(a) the end of the fourteenth day after the day on which they arrived in the common travel area, or
(b)
(b) their departure from Scotland.
(3) For the purposes of this regulation, the “specified premises” are—
(a)
(a) unless paragraph (b) or (c) applies—
(i) an address specified in P’s Passenger Locator Form as the place they intend to stay in for the duration of the period specified in paragraph (2) as required by regulation 3, where P has completed a Passenger Locator Form,
(ii) an address specified as the place they intend to stay for the duration of the period specified in paragraph (2) where P has completed a form equivalent to a Passenger Locator Form pursuant to an enactment in England, Wales or Northern Ireland,
(iii) the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P is a person described in paragraph (1)(b) who has not completed a Passenger Locator Form or equivalent form as described in head (ii),
(iv) the premises at which they intend to stay for such part of the period specified in paragraph (2) as will apply while in Scotland, where P is a person described in paragraph 1 of schedule 2 (other than one described in regulation 7(1)(c)(i)), or
(v) where it is not possible for P to stay at a place in accordance with paragraph (i) to (iv), in accommodation facilitated by the Secretary of State for P for the purposes of paragraph (2),
(b)
(b) where P is an asylum seeker, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 19997, or
(c)
(c) where P is a person described in paragraph 9(1) of schedule 10 of the Immigration Act 20168(powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph.
(4) For the purposes of this regulation, where the specified premises are residential premises those premises include any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
(5) Where P is a person described in paragraph 38 of schedule 2, paragraph (3)(a)(i) applies with the modification that the address at which P intends to stay for the purposes of regulation 6(2) must be the named farm (within the meaning of paragraph 38 of schedule 2).
(6) P may not leave, or be outside of, the premises where they are staying in accordance with paragraph (2) in reliance on any reasonable excuse described in regulation 8(4) or (5) of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (offences and penalties) except to the extent that such excuse falls within the reasons specified in regulation 10(4)9.
(7) If P is a child, any person who has responsibility for the child must ensure, so far as reasonably practicable, that the child complies with this regulation.
(8) Nothing in this regulation affects the operation of any requirement or restriction on P by virtue of schedule 21 of the Coronavirus Act 202010(powers relating to potentially infectious persons) or by virtue of an order made under Part 4 of the...
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