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

Part 5 (managed isolation): offences and penalties

31.—(1) It is an offence for a person to contravene a requirement in—

(a)regulation 20(1) (requirement to enter at designated port),

(b)regulation 20(3) (requirement to possess managed isolation package),

(c)regulation 21(1) (requirement to travel to and remain in managed accommodation), or

(d)regulation 21(5) (requirement in relation to a child).

(2) It is a defence to a charge of committing an offence under paragraph (1)(a), (b) or (d) to show that the person, in the circumstances, had a reasonable excuse.

(3) It is a defence to a charge of committing an offence under paragraph (1)(c) for a person (“P”) to show that they are outside of the place where they are staying in accordance with regulation 21(1) for one of the following reasons—

(a)to travel, in order to leave the common travel area, provided that P does so directly, (except where regulation 16(1)(a)(i) applies in relation to P),

(b)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(c)on compassionate grounds, to attend a funeral of—

(i)a member of P’s household,

(ii)a close family member, or

(iii)if no-one within heads (i) or (ii) is attending, a friend,

(d)on compassionate grounds, for reasons relating to the end of a person’s life,

(e)for exercise,

(f)with permission from a person authorised by the Scottish Ministers to grant permission,

(g)in other exceptional circumstances, such as—

(i)to seek medical assistance where this is required urgently or on the advice of a registered medical practitioner, including to access services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical and health practitioners, including services relating to mental health,

(ii)to access critical public services, including social services or services provided to victims (such as victims of crime),

(iii)to avoid injury, illness or to escape risk of harm,

(iv)to access veterinary services where this is required urgently or on the advice of a veterinary surgeon.

(4) A person may only leave or be outside of the place where they are staying in reliance on the grounds mentioned in paragraph (3)(c), (d) or (e)—

(a)if P has been given prior permission by a person authorised by the Secretary of State or the Scottish Ministers for this purpose;

(b)if P complies with any reasonable requirements imposed by the person so authorised in relation to the exercise, the visit to the person or the attendance at the funeral.

(5) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.