Search Legislation

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

Changes over time for: Section 26

 Help about opening options

Version Superseded: 15/12/2021

Status:

Point in time view as at 30/11/2021. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021, Section 26. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Requirement to stay in specified premisesS

This section has no associated Policy Notes

26.—(1) Subject to regulation 27 (persons not required to comply), this regulation applies to a person (“P”) who is—

[F1(a)an arrival other than a red list arrival,]

(b)a red list arrival described in—

(i)regulation 25(1)(e) (elite sportsperson) (subject to regulation 27(1)(h)),

(ii)regulation 25(1)(f), (refugee),

(iii)regulation 25(1)(g), (unaccompanied child),

(iv)regulation 25(1)(h) (boarding school pupil),

(v)subject to regulation 27(1)(i), the following paragraphs of schedule 4—

(aa)paragraph 4 (border security),

[F2(ab)paragraph 4A (essential foreign policing),]

(bb)paragraph 11 (in-flight security officer), or

(cc)paragraph 19 (extradition), or

(c)not otherwise required to comply with this regulation (by virtue of sub-paragraphs (a) or (b) as read with regulation 27), and either—

(i)contravenes a requirement in regulation 8(2) (notification of negative test result), or

(ii)is a child in respect of whom the person responsible contravenes a requirement in regulation 8(3).

(2) P must, on 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 32(2), must not leave those premises until whichever is the later of the end of the—

(a)10th day after the day on which they last departed from or transited through [F3another country, territory or part of a country or territory which is not in the common travel area], or

(b)relevant period specified in regulation 15(3) or, as the case may be, 16(1)(b), (3), (5) or (6).

[F4(2A) Where P is an eligible vaccinated arrival and P’s day 2 test generates a negative result, P is not required to remain in the specified premises after the time on which P receives the result of P’s day 2 test.]

(3) Where [F5paragraph (2A) or] regulation 16(3) results in a shorter period than that specified in paragraph (2)(a), that shorter period applies.

(4) For the purposes of this regulation, the “specified premises” are—

(a)unless paragraph (b), (c) or (d) applies—

(i)an address specified in P's Passenger Locator Form in accordance with paragraph 2(a) of schedule 3, as required by regulation 4, where P, or if P is a child any person who has responsibility for P, has completed a Passenger Locator Form,

(ii)an address specified as the place P intends to stay for the duration of the period referred to in paragraph (2) where P, or if P is a child any person who has responsibility for 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 P intends to stay for such part of the period specified in paragraph (2) as will apply while in Scotland where P has not completed a Passenger Locator Form or equivalent form as described in head (ii),

(iv)the premises at which P intends 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 4 (other than one described in regulation 27(1)(e)), or

(v)where it is not possible for P to stay at a place in accordance with heads (i) to (iv), in accommodation facilitated by the Secretary of State for P for the purposes of paragraph (2),

(b)where P is an asylum seeker of at least 18 years or age, in accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999 M1,

(c)where P is a person described in paragraph 9(1) of schedule 10 of the Immigration Act 2016 M2 (powers of Secretary of State to enable person to meet bail conditions), in accommodation provided or arranged under that paragraph, or

(d)where P is an unaccompanied child for whom it is not possible to stay at a place in accordance with sub-paragraph (a)(i) to (iii), in accommodation provided or arranged by a local authority M3.

(5) 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.

(6) Where P is a person described in paragraph 41 of schedule 4 (seasonal agricultural worker), paragraph (4)(a) applies with the modification that the address at which P intends to stay for the purposes of this regulation must be—

(a)the named farm (within the meaning of paragraph 41 of schedule 4), or

(b)where it is not possible to stay at the named farm, the accommodation which the employer or farming enterprise concerned has provided or arranged for P for the purposes of this regulation.

(7) Where P is a red list arrival mentioned in regulation 25(1)(h) (boarding school pupil), paragraph (4)(a) applies with the modification that the address at which P intends to stay for the purposes of this regulation must be the boarding school at which education and accommodation is due to be provided for P.

(8) Where P is a child, any person who has responsibility for P must ensure, so far as reasonably practicable, that P complies with this regulation.

(9) Where P is a red list arrival mentioned in regulation 25(1)(g) (unaccompanied child) who travels to any specified premises referred to in paragraph (4)(a)(i) to (iii) in compliance with paragraph (2), any person who is sharing those premises with P must remain in the premises until the expiry of the period referred to in paragraph (2)(a), or the later of the periods referred to in paragraph (2)(b), depending on which of those periods applies to P.

(10) Nothing in this regulation affects the operation of any requirement or restriction applying to P by virtue of schedule 21 of the Coronavirus Act 2020 M4 (powers relating to potentially infectious persons) or by virtue of an order made under Part 4 of the Public Health etc. (Scotland) Act 2008 M5.

Textual Amendments

Commencement Information

I1Reg. 26 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M11999 c. 33. Section 4 was amended by section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41), by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c. 13), and by paragraph 1 of schedule 11 of the Immigration Act 2016 (c. 19). Section 95 was amended by section 50(1) of the Nationality, Immigration and Asylum Act 2002 and by paragraph 29 of schedule 10 of the Immigration Act 2016.

M3“local authority” is defined in schedule 1 (definitions) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Back to top

Options/Help

Print Options

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources