The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021
| Year | 2021 |
2021 No. 322
Public Health
The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021
Made 16th September 2021
Laid before the Scottish Parliament 16th September 2021
Coming into force 20th September 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 94(1)(b)(i) and 122(2) of the Public Health etc. (Scotland) Act 20081(“the 2008 Act”), paragraph 1(1) of schedule 19 of the Coronavirus Act 20202(“the 2020 Act”) and all other powers enabling them to do so.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.
The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 122(6) of the 2008 Act and paragraph 6(2) and (3) of schedule 19 of the 2020 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 and Operator Liability) (Scotland) Regulations 2021.
(2) These Regulations come into force on 20 September 2021.
Interpretation: general
2.—(1) In these Regulations—
“amber list arrival” means a person who arrives in Scotland from—
(a) an amber list country,
(b) a green list country where that person has, within the preceding 10 days, departed from or transited through an amber list country, or
(c) elsewhere within the common travel area where that person has, within the preceding 10 days, departed from or transited through an amber list country,
“amber list country” means any country, territory or part of a country or territory which is—
(a) not in the common travel area, and
(b) not a red list country or a green list country,
“child” means a person under the age of 18,
“common travel area” has the meaning given in section 1(3) of the Immigration Act 19713,
“Conference of the Parties” means, except in relation to the Kyoto Protocol and the Paris Agreement, the Conference of the Parties to the United Nations Framework Convention on Climate Change,
“constable” has the meaning given in section 99(1) of the Police and Fire Reform (Scotland) Act 20124,
“COP” means the conference convened by the Conference of the Parties, comprising—
(a) the 26th session of the Conference of the Parties,
(b) the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol,
(c) the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement,
(d) all related pre-sessional meetings, sessions of subsidiary bodies and additional meetings, convened in the United Kingdom,
“COP World Leaders summit event” means—
(a) the event organised by Her Majesty’s Government between 1 and 2 November 2021 in connection with the COP,
(b) any meeting connected with that event between representatives of states, territories or organisations which are represented at that event,
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),
“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus),
“eligible vaccinated arrival” has the meaning given in regulation 3,
“green list arrival” means a person who arrives in Scotland from—
(a) a green list country where that person has not, within the preceding 10 days, departed from or transited through a red list country or an amber list country, or
(b) elsewhere within the common travel area where that person—
(i) has been outside the common travel area within the preceding 10 days, and
(ii) while outside the common travel area during those 10 days, has only been in green list countries.
“green list country” means a country, territory or part of a country or territory specified in schedule 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 19715,
“Kyoto Protocol” means the Protocol to the United Nations Framework Convention on Climate Change signed in Kyoto on 11 December 19976,
“managed isolation package” (other than in regulation 22) has the meaning given in regulation 20(6),
“Paris Agreement” means the agreement adopted at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change, signed in Paris on 12 December 20157,
“passenger information” means the information specified in schedule 3 for the purposes of Part 2 of these Regulations (see regulation 4(2)) (requirement to provide passenger information),
“Passenger Locator Form” means the electronic form published by the Secretary of State for the provision of passenger information8,
“port” means any port, and includes a seaport, airport or heliport),
“qualifying test” means a test that is a qualifying test for the purposes of Part 3 (see regulation 7(2)) (testing prior to arrival in Scotland),
“red list arrival” means a person who arrives in Scotland from—
(a) a red list country,
(b) an amber list country or a green list country where that person has, within the preceding 10 days, departed from or transited through a red list country, or
(c) elsewhere within the common travel area where that person has, within the preceding 10 days, departed from or transited through a red list country,
“red list country” means a country, territory or part of a country or territory specified in schedule 1,
“relevant service” means a commercial transport service carrying passengers travelling to Scotland from outside the common travel area,
“specified competition” means a competition listed in schedule 6 for the purposes of regulations 25(1)(e) and 27(1)(h) and paragraph 42 of schedule 4,
“United Nations Framework Convention on Climate Change” means the United Nations Framework Convention on Climate Change adopted in New York on 9 May 19929.
(2) For the purposes of these Regulations, a person has responsibility for a child if the person 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 (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995)10.
(3) For the purposes of these Regulations, a person (“P”) is not treated as departing from, or transiting through, a country or territory, or part of a country or territory if, at all times whilst in that country, territory or part thereof—
(a)
(a) P remains on a conveyance on which no other passenger is permitted to be taken on board, or
(b)
(b) P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that country, territory or part thereof.
Interpretation: eligible vaccinated arrivals
3.—(1) A person (“P”) is an eligible vaccinated arrival if P—
(a)
(a) is an amber list arrival, and
(b)
(b) meets any of the descriptions in paragraphs (2) to (7).
(2) P—
(a)
(a) has completed a course of doses of an authorised vaccine with the final dose having been received before the start of the period beginning with the 14th day before the date of P’s arrival in Scotland,
(b)
(b) received that course of doses in the United Kingdom or a relevant country,
(c)
(c) if the course of doses was received in the United States of America, is ordinarily resident in the United States of America,
(d)
(d) is able to provide proof, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, of meeting the requirement in sub-paragraph (a), through—
(i) letter of certification issued by NHS Scotland, or equivalent certification issued, in paper or electronic form, by NHS England, NHS Wales or the Department of Health in Northern Ireland, including through the NHS COVID pass,
(ii) the EU Digital COVID certificate, or
(iii) the Centers for Disease Control and Prevention vaccination card,
(e)
(e) is able to provide proof if requested by an immigration officer or the operator of the relevant service on which P travels to Scotland of meeting the requirement in subparagraph (c), and
(f)
(f) has declared on P’s Passenger Locator Form that P has completed a course of doses of an authorised vaccine.
(3) P—
(a)
(a) has participated, or is participating, in a clinical trial of a vaccine for vaccination against coronavirus carried out in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 200411,
(b)
(b) is able to provide proof of such participation if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, and
(c)
(c) has declared on P’s Passenger Locator Form that P has participated, or is participating, in such a trial.
(4) P—
(a)
(a) has participated or is participating in a clinical trial regulated in the United States of America by the Food and Drugs Administration of a vaccine for vaccination against coronavirus,
(b)
(b) is able, if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, to provide proof of such participation through the Centers for Disease Control and Prevention vaccination card,
(c)
(c) has declared on the Passenger Locator Form that P has completed a course of doses of an authorised vaccine, and
(d)
(d) is ordinarily resident in the United States of America and is able to provide proof of that residence if requested to do so...
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