The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022
| Year | 2022 |
2022 No. 53
Public Health
The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022
Made 10th February 2022
Laid before the Scottish Parliament 10th February 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b)(i) and 122(2) of the Public Health etc. (Scotland) Act 20081and 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, or approved by resolution of, the Scottish Parliament.
Citation and commencement
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022.
(2) With the exception of those regulations mentioned in paragraphs (3) and (4), these Regulations come into force at 4.00 a.m. on 11 February 2022.
(3) Regulation 13 comes into force at 4.00 a.m. on 16 February 2022.
(4) Regulations 4(b) and 12(b) come into force at 4.00 a.m. on 28 February 2022.
Amendment of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021
2. The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 20212are amended in accordance with regulations 3 to 18.
Amendments to Part 1 (general)
3. In regulation 2 (interpretation: general)—
(a) in paragraph (1), omit the following definitions—
“
Conference of the Parties
”,
“
COP
”,
“
COP World Leaders summit event
”,
“
Kyoto Protocol
”,
“
”,
“
specified competition
”,
“
United Nations Framework Convention on Climate Change
”,
(b) omit paragraph (5).
Amendments to Part 1A (eligible vaccinated arrivals)
4. In regulation 3(5) (interpretation of Part)—
(a) in the appropriate places in alphabetical order insert—
“
Cape Verde
”,
“
El Salvador
”,
“
Togo
”,
(b) in the appropriate places in alphabetical order insert—
“
Georgia
”,
“
Lebanon
”,
“
Moldova
”,
“
Montenegro
”,
“
New Zealand
”,
“
Serbia
”,
“
Singapore
”,
“
Taiwan
”,
“
Thailand
”,
“
Tunisia
”,
“
United Arab Emirates
”,
“
Uruguay
Amendments to Part 2 (passenger information)
5. In regulation 6 (Part 2: persons not required to comply)—
(a) in paragraph (1)—
(i) for “Subject to paragraph (2), a” substitute “A”,
(ii) for sub-paragraphs (c) to (e) substitute—
“
(c)
(c) a person described in any of the following paragraphs of Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.)—
(i) paragraph 1(1) (diplomats, consuls, heads of State etc.),
(ii) paragraph 1(2), (3) and (4) (international organisations, foreign representatives, etc.), where prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing—
(aa) if P is not a specified person, to the stipulated person or person acting on their authority that P is not required to comply with this Part,
(bb) if P is a specified person, to P that P is not required to comply with this Part,
(iii) paragraphs 2, 3 and 4 (border and defence activities),
(d)
(d) a person described in any of the following paragraphs of Part 2 of schedule 4 (exemptions: transport)—
(i) paragraph 8 (road passenger transport worker),
(ii) paragraph 9(1) and (2) (seamen and masters etc.) who has travelled to the United Kingdom on a vessel in the course of work,
(iii) paragraph 9(3) (inspector or surveyor of ships),
(iv) paragraph 10 (aircraft crew),
(v) paragraph 12 (tunnel system transport workers),
(vi) paragraph 13 (civil aviation inspectors),
(vii) paragraph 14 (Channel Tunnel system workers),
(viii) paragraph 15 (road haulage worker).
”,
(b) for paragraph (2) substitute—
“
2 In paragraph 1(c)(ii), “specified person” and “stipulated person” have the meanings given in paragraph 1(10) of schedule 4.
Amendments to Part 3 (testing prior to arrival in Scotland)
6. In regulation 10 (Part 3: persons not required to comply)—
(a) for paragraph (1)(b) to (f) substitute—
“
(b)
(b) a person described in any of the following paragraphs of Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.)—
(i) paragraph 1(2), (3) and (4) (international organisations, foreign representatives, etc.), where prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing—
(aa) if P is not a specified person, to the stipulated person or person acting on their authority that P is not required to comply with this Part,
(bb) if P is a specified person, to P that P is not required to comply with this Part,
(ii) paragraphs 2, 3 and 4 (border and defence activities),
(iii) paragraphs 5 and 6 (essential government work, etc.) where, prior to P’s arrival in the United Kingdom, the relevant Department or the Scottish Ministers have certified that P—
(aa) meets the description in paragraph 5 or, as the case may be, 6, and
(bb) is not required to comply with this Part,
(c)
(c) a person described in Part 2 of schedule 4 (exemptions: transport), other than in paragraph 11 (in-flight security officers),
(d)
(d) a person described in Part 5 of schedule 4 (exemptions: healthcare).
”,
(b) for paragraph (2) substitute—
“
2 In paragraph 1(b)(i), “specified person” and “stipulated person” have the meanings given in paragraph 1(10) of schedule 4.
Amendments to Part 4 (testing following arrival in Scotland)
7.—(1) In regulation 11 (Part 4: application and interpretation)—
(a)
(a) for paragraph (1) substitute—
“
1 Subject to regulation 18 (persons not required to comply), this Part applies to a person (“P”) who is—
(a) a red list arrival, or
(b) an arrival who is not an eligible vaccinated arrival.
”,
(b)
(b) in paragraph (1A)—
(i) at the end of sub-paragraph (a), omit “or”,
(ii) omit sub-paragraph (b),
(c)
(c) in paragraph (3), in the definition of “testing package”—
(i) in paragraph (a), omit “or an arrival who is not an eligible vaccinated arrival”,
(ii) for paragraph (b), substitute—
“
(b)
(b) in other cases, a booking for a day 2 test,
(2) In regulation 12(1)(b) (requirement to possess testing package) after “over” insert “who is a red list arrival”.
(3) In regulation 14 (requirement to undertake tests)—
(a)
(a) in paragraph (9), for sub-paragraph (b) substitute—
“
(b)
(b) the test complies with paragraph (9A).
”,
(b)
(b) in paragraph (9A) for “paragraph (9)(b)(i)” substitute “paragraph (9)(b)”,
(c)
(c) omit paragraph (9B),
(d)
(d) in paragraph (11)—
(i) in the opening words, omit “and a day 8 test”,
(ii) in sub-paragraph (b), omit “and day 8 test”.
(4) Omit regulations 16A (eligible vaccinated arrivals: notification of result of self-administered test) and 16B (eligible vaccinated arrivals: confirmatory test).
(5) In regulation 18 (Part 4: persons not required to comply)—
(a)
(a) for paragraph (1)(e) to (j) substitute—
“
(e)
(e) a person described in any of the following paragraphs of Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.)—
(i) paragraph 1(1) (diplomats, consuls, heads of State etc.),
(ii) paragraph 1(2), (3) and (4) (international organisations, foreign representatives, etc.), where prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing—
(aa) if P is not a specified person, to the stipulated person or person acting on their authority that P is not required to comply with this Part,
(bb) if P is a specified person, to P that P is not required to comply with this Part,
(iii) paragraphs 2, 3 and 4 (border and defence activities),
(iv) paragraphs 5 and 6 (essential government work, etc.) where, prior to P’s arrival in the United Kingdom, the relevant Department or the Scottish Ministers have certified that P—
(aa) meets the description in paragraph 5 or, as the case may be, 6, and
(bb) is not required to comply with this Part,
(f)
(f) a person described in Part 2 of schedule 4 (exemptions: transport), other than in paragraph 11 (in-flight security officers),
(g)
(g) a person described in Part 5 of schedule 4 (exemptions: healthcare).
(b)
(b) omit paragraph (2),
(c)
(c) for paragraph (4) substitute—
“
4 In paragraph 1(e)(ii), “specified person” and “stipulated person” have the meanings given in paragraph 1(10) of schedule 4.
Amendments to Part 5 (managed isolation)
8. In regulation 25 (Part 5: persons not required to comply)—
(a) for paragraph (1)(a) to (e) substitute—
“
(a)
(a) a person described in any of the following paragraphs of Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.)—
(i) paragraph 1(1) (diplomats, consuls, heads of State etc.),
(ii) paragraph 1(2), (3) and (4) (international organisations, foreign representatives, etc.), where prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing that P is not required to comply with this Part,
(iii) paragraphs 2, 3 and 4 (border and defence activities),
(iv) paragraphs 5 and 6 (essential government work, etc.) where, prior to P’s arrival in the United Kingdom, the relevant Department or the Scottish Ministers have certified that P—
(aa) meets the description in paragraph 5 or, as the case may be, 6, and
(bb) is not required to comply with this Part,
(b)
(b) a person described in Part 1A of schedule 4 (exemptions: law enforcement),
(c...
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