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

Interpretation: generalS

2.—(1) In these Regulations—

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[F2“an arrival” means a person who arrives in Scotland from—

“child” means a person under the age of 18,

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971 M1,

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“constable” has the meaning given in section 99(1) of the Police and Fire Reform (Scotland) Act 2012 M2,

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“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),

[F4“COVID-19 vaccination eligibility criteria” means the conditions in any of [F5regulations 3B to 3H],]

[F6“cruise ship” means a vessel, certified to carry more than 200 passengers, engaged on a voyage primarily for leisure or recreation during which passengers stay overnight on board for at least two nights,]

“eligible vaccinated arrival” has [F7, subject to paragraph (6) of this regulation,] the meaning given in [F8regulation 3A],

[F9“EU Digital COVID Certificate” means a certificate of COVID-19 records issued by either a member state of the European Union, European Economic Area or the European Free Trade Association, or a European microstate,

“European microstate” means Andorra, Liechtenstein, Monaco, San Marino, the Sovereign Order of St John or the Vatican City State,]

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“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 1971 M3,

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“managed isolation package” (other than in regulation 22) has the meaning given in regulation 20(6),

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“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 information M4,

“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 [F10, subject to paragraph (6) of this regulation,] a person who arrives in Scotland from—

“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,

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(2) For the purposes of these Regulations, a person has responsibility for a child if the person has—

(a)custody or charge of the child for the time being, or

(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) M5.

(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)P remains on a conveyance on which no other passenger is permitted to be taken on board, or

(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.

[F13(4) For the purposes of these Regulations, a person (“P”) on a cruise ship, including a crew member, is not treated as arriving in Scotland if P travels to Scotland but does not disembark from the cruise ship at any point while it is—

(a)moored at a port in Scotland, or

(b)in the territorial waters adjacent to Scotland.]

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[F15(6) A person who arrives in Scotland between 11.59 a.m. on 26 November 2021 and 4 a.m. on 27 November 2021 from—

(a)a red list country, or

(b)another country, territory or part of a country or territory (whether or not within the common travel area) where that person has, within the preceding 10 days, departed from or transited through a red list country,

is not a red list arrival nor is that person an eligible vaccinated arrival.]