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

Interpretation: eligible vaccinated arrivalsS

3.—(1) A person (“P”) is an eligible vaccinated arrival if P—

(a)is an amber list arrival, and

(b)meets any of the descriptions in paragraphs (2) to (7).

(2) P—

(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)received that course of doses in the United Kingdom or a relevant country,

(c)if the course of doses was received in the United States of America, is ordinarily resident in the United States of America,

(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)[F1certification in paper or electronic form] issued by NHS Scotland, or equivalent certification issued F2... 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)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)has declared on P's Passenger Locator Form that P has completed a course of doses of an authorised vaccine.

(3) P—

(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 2004 M1,

(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)has declared on P's Passenger Locator Form that P has participated, or is participating, in such a trial.

(4) P—

(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)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)has declared on the Passenger Locator Form that P has completed a course of doses of an authorised vaccine, and

(d)is ordinarily resident in the United States of America and is able to provide proof of that residence if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland.

(5) P is—

(a)under the age of 18 on arrival in Scotland, and

(b)ordinarily resident in the United Kingdom or a relevant country.

(6) P—

(a)has completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas, 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)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), and

(c)has declared on P's Passenger Locator Form that P has completed a course of doses of a vaccine as described in sub-paragraph (a).

(7) P is—

(a)a dependant of a person described in any of paragraphs (a) to (c) of the definition of “United Kingdom vaccine roll-out overseas” in paragraph (11), and

(b)under the age of 18 on arrival in Scotland.

(8) For the purposes of paragraphs (2) and (6), P has completed a course of doses if P has received the complete course of doses specified—

(a)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc.) of the Human Medicines Regulations 2012 M2 for the authorised vaccine.

(9) For the purposes of paragraph (6), where P has received a dose of an authorised vaccine in the United Kingdom and a dose of a vaccine under the United Kingdom vaccine roll-out overseas, P is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.

(10) For the purposes of this regulation, a child is to be treated as making a declaration on the Passenger Locator Form, and possessing any evidence required if that declaration is made, and that evidence possessed, by a person who is travelling with, and has responsibility for, that child.

(11) In this regulation—

“authorised vaccine” means a medicinal product for vaccination against coronavirus authorised—

“clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 (interpretation),

“Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989 M3,

“government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989,

“the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012,

“marketing authorisation”—

“medicinal product” has the meaning given in regulation 2 (medicinal products) of the Human Medicines Regulations 2012,

“NHS COVID pass” means the COVID-19 records on the NHS smartphone app developed and operated by the Secretary of State, through NHS.uk,

“NHS England” means the health service continued under section 1(1) of the National Health Service Act 2006 M4,

“NHS Scotland” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978 M5,

“NHS Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 M6,

“relevant country” means a country listed in the first column of the table in paragraph (12),

“relevant regulator”, in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (12), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organisation pursuant to the operation of the COVAX Facility M7,

“United Kingdom vaccine roll-out overseas” means the administration of vaccine against coronavirus to—

(12) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—