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

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SCHEDULES

Regulation 2

SCHEDULE 1SRed list countries

Commencement Information

I1Sch. 1 in force at 20.9.2021, see reg. 1(2)

F1...

[F2Angola,]

F1...

F3...

F1...

[F4Botswana,]

F1...

F1...

F1...

F1...

F5...

F1...

F1...

F1...

F6...

F7...

F8...

F1...

[F4Eswatini,]

F1...

F1...

F1...

F1...

F9...

F1...

F10...

F1...

[F4Lesotho,]

[F2Malawi,]

F1...

F1...

F1...

F1...

F1...

[F2Mozambique,]

F1...

[F4Namibia,]

F11...

[F12Nigeria]

F13...

F14...

F1...

F15...

F1...

F1...

F1...

F1...

F1...

F1...

[F4South Africa,]

F16...

F1...

F1...

F1...

F1...

F1...

F1...

F17...

F1...

F1...

F18...

[F2Zambia,]

[F4Zimbabwe]

Regulation 3

[F19SCHEDULE 1ASRelevant countries

  • [F20Albania]

  • [F21Angola]

  • [F21Anguilla]

  • Antigua and Barbuda

  • [F21Argentina]

  • [F21Armenia]

  • [F21Azerbaijan]

  • [F20Bahamas]

  • Bahrain

  • [F20Bangladesh]

  • Barbados

  • [F22Belarus]

  • [F21Belize]

  • [F21Bermuda]

  • [F22Bolivia]

  • [F20Bosnia and Herzegovina]

  • [F21Botswana]

  • [F20Brazil]

  • [F22British Antarctic Territory]

  • [F22British Indian Ocean Territory]

  • [F22British Virgin Islands]

  • Brunei

  • [F21Cambodia]

  • [F21Cayman Islands]

  • [F20Chile]

  • [F20Colombia]

  • [F21Costa Rica]

  • [F22Democratic Republic of the Congo]

  • [F21Djibouti]

  • Dominica

  • [F22Dominican Republic]

  • [F22Ecuador]

  • [F20Egypt]

  • [F21Eswatini]

  • [F22Falkland Islands]

  • [F20Georgia]

  • [F20Ghana]

  • [F21Gibraltar]

  • [F20Grenada]

  • [F22Guernsey]

  • [F21Guyana]

  • [F21Honduras]

  • [F20Hong Kong]

  • [F20India]

  • [F20Indonesia]

  • [F22Isle of Man]

  • Israel

  • [F20Jamaica]

  • Japan

  • [F22Jersey]

  • [F20Jordan]

  • [F20Kenya]

  • [F20Kosovo]

  • Kuwait

  • [F22Laos]

  • [F21Lebanon]

  • [F21Lesotho]

  • [F22Libya]

  • [F21Madagascar]

  • [F22Malawi]

  • Malaysia

  • [F20Maldives]

  • [F21Mauritius]

  • [F20Moldova]

  • [F21Mongolia]

  • [F20Montenegro]

  • [F22Montserrat]

  • [F20Morocco]

  • [F22Mozambique]

  • [F20Namibia]

  • [F21Nepal]

  • New Zealand

  • [F20Nigeria]

  • [F20North Macedonia]

  • [F21Occupied Palestinian Territories]

  • [F20Oman]

  • [F20Pakistan]

  • [F21Panama]

  • [F21Peru]

  • [F22Pitcairn, Henderson, Ducie and Oeno Islands]

  • Qatar

  • [F21Rwanda]

  • [F22Saint Helena, Ascension and Tristan da Cunha]

  • [F22Samoa]

  • Saudi Arabia

  • [F22Senegal]

  • [F22[F20Serbia]

  • [F21Seychelles]

  • [F21Sierra Leone]

  • Singapore

  • [F20South Africa]

  • [F22South Georgia and the South Sandwich Islands]

  • South Korea

  • [F22The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]

  • [F21Sri Lanka]

  • [F20St Kitts and Nevis]

  • [F20St Lucia]

  • [F20St Vincent and the Grenadines]

  • [F21Suriname]

  • Taiwan

  • [F21Tanzania]

  • [F20Thailand]

  • [F20The Philippines]

  • [F21Trinidad and Tobago]

  • [F21Tunisia]

  • [F20Turkey]

  • [F22Turks and Caicos Islands]

  • [F21Uganda]

  • [F20Ukraine]

  • the United Arab Emirates.

  • [F21Uruguay]

  • [F22Vanuatu]

  • [F20Vietnam]

  • [F22Zambia]

  • [F22Zimbabwe]]]

Regulation 2

F23SCHEDULE 2SGreen list countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 2

SCHEDULE 3SPassenger Information

1.  Personal details of the passenger—S

(a)their full name,

(b)their sex,

(c)their date of birth,

(d)their passport number, or travel document reference number (as appropriate), issue and expiry dates and country of issue,

(e)their telephone number (including national dialling code, country and city code, if applicable),

(f)their home address, and

(g)their email address.

Commencement Information

I2Sch. 3 para. 1 in force at 20.9.2021, see reg. 1(2)

2.  Journey details of the passenger—S

(a)the address where—

(i)in the case of a person who is required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation), they intend to stay in accordance with the requirements of those Parts, or

(ii)in the case of any other person, they intend to stay during the period of 10 days beginning on the day after the date of their arrival in Scotland,

(b)in the case of a person who is required to comply with Part 5, the booking reference number for the managed isolation package booked by or on behalf of that person,

(c)the date, or planned date (as appropriate) of their arrival at an address specified in sub-paragraph (a),

(d)the operator they are travelling with or through which their booking was made,

(e)the flight number, train number or ticket number (as appropriate),

F24(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the location at which they will arrive in the United Kingdom,

(h)the country or territory they are travelling from,

(i)the part of the country or territory they are travelling from, if that part—

(i)is specified in schedule 1 F25..., or

(ii)is, where the country or territory itself is specified in [F26schedule 1], expressly excluded in relation to that country or territory,

(j)any other country or territory they have departed from or transited through in the period beginning with the 10th day before the date of their arrival in Scotland and in any such case, the dates of departing from or transiting through any such country or territory,

(k)any part of that other country or territory which they have departed from or transited through during that period, including the dates of departure or transit, if that part—

(i)is specified in schedule 1 F27..., or

(ii)is, where the country or territory itself is specified in [F28schedule 1], expressly excluded in relation to that country or territory.

(l)the date and time, or planned date and time, as appropriate, of their arrival in the United Kingdom,

(m)whether they are connecting through the United Kingdom to a destination outside the United Kingdom and, if so—

(i)the location at which they will depart from in the United Kingdom,

(ii)their final destination country or territory,

(iii)the operator they are travelling with or through which their booking was made for their onward journey,

(iv)the travel booking reference for their onward journey,

(v)the flight number, train number or ticket number (as appropriate) of their onward journey.

3.  Where the passenger is travelling with a child for whom they have responsibility—S

(a)the full name and date of birth of that child, and

(b)the relationship of the passenger to that child.

Commencement Information

I4Sch. 3 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  Where regulation 12 requires a testing package to be booked—S

(a)the name of the provider of the tests, and

(b)the reference number for the tests provided to them by the test provider in accordance with regulation 13(3).

Commencement Information

I5Sch. 3 para. 4 in force at 20.9.2021, see reg. 1(2)

[F295.  Where the passenger is an eligible vaccinated arrival, a declaration that the passenger meets the COVID-19 vaccination eligibility criteria.]S

Textual Amendments

Commencement Information

I6Sch. 3 para. 5 in force at 20.9.2021, see reg. 1(2)

Regulations 6, 10, 18,25, 26, 27 and 42

SCHEDULE 4SExemptions

PART 1SDiplomats, Crown Servants, visiting forces etc.

1.—(1) A person (“P”), other than a person [F30to whom paragraph 1(3) and (4) or paragraph 1(8) of schedule 5A applies], who is—S

(a)a member of a diplomatic mission in the United Kingdom,

(b)a member of a consular post in the United Kingdom,

(c)an officer or servant of an international organisation,

(d)a person employed by an international organisation as an expert or on a mission,

(e)a representative to an international organisation,

F31(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a member of the official staff of a representative to an international organisation F32...,

(h)F33... passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(i)a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,

(j)a representative of the government of a British Overseas Territory,

(k)a diplomatic courier or a consular courier, or

(l)a member of the family forming part of the household of a person falling within any of heads (a) to (k).

(2) The conditions referred to in regulations 25(1)(a) and 27(1)(e) are that—

(a)the relevant head of the mission, consular post, international organisation F34..., office representing a foreign territory in the United Kingdom or a Governor of a British Overseas Territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that—

(i)P is required to undertake work which is—

(aa)essential to the functioning of the F35... international organisation, F35... or

(bb)essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii)that work cannot be undertaken while P is complying with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations, and

(b)prior to P's arrival in the United Kingdom, the Foreign, Commonwealth and Development Office—

(i)has confirmed in writing to the person giving the confirmation referred to in head (a) that it has received that confirmation, and

(ii)where P is a representative of a foreign country or territory, has then confirmed in writing to the person giving the confirmation referred to in head (a) that P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation), of these Regulations.

F36(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(4) Any exemption provided for in this schedule or any other provision of these Regulations from the duties that arise under schedule 5 or 5A is without prejudice to any immunity or privilege which is accorded to any person under the law of Scotland.]

(5) For the purposes of this paragraph—

consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963,

consular post” means any consulate-general, consulate, vice-consulate or consular agency,

diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961,

international organisation” means an international organisation accorded privileges and immunities in the United Kingdom,

member of a consular post” means “consular officer”, “consular employee”, and “member of the service staff” as defined in schedule 1 of the Consular Relations Act 1968 M1, and “head of consular post” has the meaning given in that schedule,

member of a diplomatic mission” means “head of the mission”, “members of the diplomatic service”, “members of the administrative and technical staff” and “members of the service staff” as defined in schedule 1 of the Diplomatic Privileges Act 1964 M2,

F38...

F39...

F40...

Textual Amendments

Commencement Information

I7Sch. 4 para. 1 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

2.—(1) A Crown servant or government contractor who is—S

(a)required to undertake essential government work related to the United Kingdom border in the United Kingdom within the period during which they would, but for this paragraph, have had to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations, or

(b)undertaking essential government work related to the United Kingdom border outside of the United Kingdom but—

(i)is required to return to the United Kingdom temporarily,

(ii)will thereafter depart to undertake essential government work related to the United Kingdom border outside of the United Kingdom.

(2) For the purposes of sub-paragraph (1) and paragraph 3—

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

essential government work” means work which has been designated as such by the relevant Department or employer, and

government contractor” has the meaning given in section 12(2) of the 1989 Act.

Commencement Information

I8Sch. 4 para. 2 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

3.—(1) A person who is a Crown servant, a government contractor or a member of a visiting force, who—S

(a)is required to undertake work necessary to the delivery of essential defence activities, [F41or]

F42(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)has undertaken a continuous period of at least 10 days immediately preceding their arrival aboard a vessel operated by or in support of Her Majesty's Naval Service or by or in support of a visiting force, and that vessel has not taken on any persons or docked in any port outside of the common travel area for a period of at least 10 days immediately preceding its arrival in the United Kingdom.

(2) For the purposes of sub-paragraph (1)—

defence” has the meaning given in section 2(4) of the Official Secrets Act 1989, and

visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of Her Majesty's Government in the United Kingdom.

Textual Amendments

Commencement Information

I9Sch. 4 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  An official of a foreign Government, required to travel to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties where—S

(a)they are in possession of a written notice signed by a senior member of their foreign Government confirming that—

(i)they are required to undertake essential border security duties in the United Kingdom within the period during which they would, but for this paragraph, have had to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations, and

(ii)that work cannot be undertaken whilst the person is complying with the requirements of those Parts, or

(b)their deployment is pursuant to a standing bilateral or multilateral agreement with Her Majesty's Government on the operation of the Border controls within the United Kingdom.

Commencement Information

I10Sch. 4 para. 4 in force at 20.9.2021, see reg. 1(2)

[F434A.  An official of a foreign police force, required to travel to the United Kingdom to undertake policing activities, or a contractor directly supporting policing activities, where the relevant Department, the chief constable of the Police Service of Scotland or other police force in the United Kingdom has certified that the activities are essential to the foreign police force.]S

5.—(1) Any person who has been certified by the relevant Department or the Scottish Ministers as meeting the description in heads (a), (b) or (c)—S

(a)a Crown servant or government contractor who is required to undertake essential policing or essential government work in the United Kingdom within the period during which they would, but for this paragraph, have had to comply with the requirements of Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations,

(b)a person returning from conducting essential state business outside of the United Kingdom,

(c)a person returning to the United Kingdom where this is necessary to facilitate the functioning of a diplomatic mission or consular post of Her Majesty or of a military or other official posting on behalf of Her Majesty.

(2) For the purposes of sub-paragraph (1)—

consular post” means any consulate-general, consulate, vice-consulate or consular agency,

“Crown Servant” and “government contractor” have the meanings given in paragraph 2(2),

essential government work” means work which has been designated as such by the relevant Department or the Scottish Ministers and includes, in particular—

(a)

work related to national security,

(b)

the work of the National Crime Agency in pursuance of its statutory functions, and

(c)

work related to immigration, coronavirus or any other crisis response,

but does not include work of the description in paragraph 2 of this schedule,

essential policing” means policing which has been designated as such on behalf of the relevant chief officer or chief constable,

essential state business” means activity which has been designated as essential to the United Kingdom or Her Majesty's Government by the relevant Department, and includes, in particular—

(a)

bilateral or multilateral discussions with another state or international organisation, and

(b)

visits to another state on behalf of the United Kingdom or Her Majesty's Government.

Commencement Information

I11Sch. 4 para. 5 in force at 20.9.2021, see reg. 1(2)

6.—(1) A person returning from conducting essential or emergency work outside of the United Kingdom, which has been certified by the relevant Department or the Scottish Ministers as necessary to facilitate essential government work or essential state business.S

(2) For the purposes of sub-paragraph (1), “essential government work” and “essential state business” have the meanings given in paragraph 5.

Commencement Information

I12Sch. 4 para. 6 in force at 20.9.2021, see reg. 1(2)

7.—(1) A specified person who has travelled to the United Kingdom to conduct official business with the United Kingdom where—S

(a)the person was invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(b)prior to the person's arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to the person that they are travelling to the United Kingdom to conduct official business and are not required to comply with Part 6 (self-isolation) of these Regulations.

(2) In this paragraph—

government policy priority” means government policy which has been designated as such by the Foreign, Commonwealth and Development Office, and includes, in particular policy related to the—

(a)

promotion and protection of human rights, and

(b)

mitigation of, or adaptation to, climate change,

specified person” means a person who—

(a)

is a member of a democratic opposition in a foreign country or territory,

(b)

is a member of a political party in a foreign country or territory, or

(c)

undertakes activities in a foreign country or territory that support a government policy priority.

Commencement Information

I13Sch. 4 para. 7 in force at 20.9.2021, see reg. 1(2)

PART 2STransport

8.—(1) A road passenger transport worker.S

(2) For the purposes of this paragraph—

road passenger transport worker” means—

(a)

the driver of a public service vehicle, or

(b)

a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, and who is acting in the course of their employment,

driver” includes a person who is travelling in a vehicle as a relief driver, and

public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981 M4.

Commencement Information

I14Sch. 4 para. 8 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M41981 c. 81. Section 1 has been amended by the Transport Act 1985 (c. 67), section 139 and schedule 8.

9.—(1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995 M5 (“the 1995 Act”), where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007.S

(2) A pilot, as defined in paragraph 22(1) of schedule 3A of the 1995 Act M6, where they have travelled to the United Kingdom in the course of their work or have been repatriated to the United Kingdom.

(3) An inspector or a surveyor of ships, appointed under section 256 of the 1995 Act, or by a government of a relevant British possession as defined in section 313(1) of the 1995 Act, where they have travelled to the United Kingdom in the course of their work.

(4) For the purposes of sub-paragraph (1)—

the Maritime Labour Convention, 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation, and

the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation.

(5) For the purposes of this paragraph, a person does not travel to the United Kingdom in the course of their work where they—

(a)arrive by air,

(b)are returning to the United Kingdom for a period of contracted leave, and

(c)are not under contract to work in the common travel area during the period during which they would, but for this paragraph, be required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations.

Commencement Information

I15Sch. 4 para. 9 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M6Schedule 3A was inserted by schedule 1 of the Marine Safety Act 2003 (c. 16).

10.—(1) A member of aircraft crew where they have travelled to the United Kingdom in the course of their work or are otherwise required to travel to the United Kingdom for work purposes.S

(2) For the purposes of this paragraph—

(a)member of aircraft crew” means a person who—

(i)acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii)is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016 M7 or [F44under Annex III or Annex VI of the Air Operations Regulation], or

(iii)is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft,

(b)travel for work purposes includes, in particular—

(i)where a member of aircraft crew resides outside of the United Kingdom, travelling to the United Kingdom to work on an aircraft departing from the United Kingdom,

(ii)travelling to attend work-related training in the United Kingdom,

(iii)returning to the United Kingdom following work-related training outside of the United Kingdom,

[F45(c) “Air Operations Regulation” has the meaning given in paragraph 1 of schedule 1 of the Air Navigation Order 2016.]

Textual Amendments

Commencement Information

I16Sch. 4 para. 10 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

11.  An in-flight security officer who has travelled to the United Kingdom in the course of their work and is deployed pursuant to an international agreement to which the United Kingdom is a party.S

Commencement Information

I17Sch. 4 para. 11 in force at 20.9.2021, see reg. 1(2)

12.—(1) Any of the following who have travelled to the United Kingdom in the course of their work—S

(a)drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system, and

(b)other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1) and paragraph 14—

shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987 M8, and

tunnel system” has the meaning given in section 1(7) of that Act.

Commencement Information

I18Sch. 4 para. 12 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

13.  Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944 M9, where they have travelled to the United Kingdom when engaged on inspection duties.S

Commencement Information

I19Sch. 4 para. 13 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M9The latest edition of Annex 9, which is published by the International Civil Aviation Organsization, is the 15th edition, which applied from 23 February 2018 (ISBN 978-92-9258-301-9).

14.  Operational, rail maintenance, safety and security workers working on the tunnel system who have travelled to the United Kingdom in the course of their work.S

Commencement Information

I20Sch. 4 para. 14 in force at 20.9.2021, see reg. 1(2)

15.—(1) A road haulage worker.S

(2) For the purposes of this paragraph—

(a)road haulage worker” means—

(i)the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii)a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council M10 on common rules for access to the international road haulage market, and who is acting in the course of their employment.

(b)driver” includes a person who is travelling in a vehicle as a relief driver,

(c)goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 M11.

Commencement Information

I21Sch. 4 para. 15 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M10OJ No. L 300, 14.11.2009, p.72.

M111988 c. 52. There are amendments to section 192 but none is relevant.

16.—(1) The condition mentioned in regulation 6(1)(e) is that the person has in the course of their work on the journey to Scotland travelled only—S

(a)on a conveyance which does not carry passengers,

(b)in an area of a conveyance which is not accessible to passengers, or

(c)in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain in their vehicles while the person is present in that area of the conveyance.

(2) For the purposes of this paragraph—

not accessible to passengers” means separated by a continuous physical barrier which passengers are not permitted to cross, and

passenger” does not include a person of the description in paragraph 12(1)(b).

Commencement Information

I22Sch. 4 para. 16 in force at 20.9.2021, see reg. 1(2)

PART 3SExtradition

17.  A person designated by the relevant Ministers under section 5(3) of the Repatriation of Prisoners Act 1984 M12.S

Commencement Information

I23Sch. 4 para. 17 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

18.  A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 M13 or sought for extradition pursuant to any other extradition arrangements.S

Commencement Information

I24Sch. 4 para. 18 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

19.  A representative of any territory travelling to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003.S

Commencement Information

I25Sch. 4 para. 19 in force at 20.9.2021, see reg. 1(2)

PART 4SEmergency, specialist and technical workers

20.—(1) A worker engaged in essential or emergency works—S

(a)related to water supplies and sewerage services, and

(b)carried out by, for or on behalf of—

(i)Scottish Water,

(ii)a local authority, or

(iii)a relevant person,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of this paragraph—

essential or emergency works” includes—

(a)

inspections, maintenance, repairs and asset replacement activities, and

(b)

monitoring, sampling and analysis of water supplies under—

(i)

the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 M14 (“the 2017 Regulations”),

(ii)

the Private Water Supplies (Scotland) Regulations 2006 M15 (“the 2006 Regulations”), or

(iii)

the Public Water Supplies (Scotland) Regulations 2014 M16,

relevant person” has the meaning given in—

(a)

regulation 3 of the 2017 Regulations,

(b)

regulation 4 of the 2006 Regulations,

Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002 M17.

Commencement Information

I26Sch. 4 para. 20 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

21.  A worker engaged in essential or emergency works on behalf of a local authority relating to flood risk management within the meaning of—S

(a)the Flood Risk Management (Scotland) Act 2009 M18, or

(b)the Coast Protection Act 1949 M19.

Commencement Information

I27Sch. 4 para. 21 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

22.—(1) A worker engaged in essential or emergency works—S

(a)related to—

(i)a generating station,

(ii)an electricity interconnector,

(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M20 (“the 2014 Regulations”),

(iv)communal heating as defined in regulation 2 of the 2014 Regulations,

(v)automated ballast cleaning and track re-laying systems on a network, or

(vi)the commissioning, maintenance or repair of industrial machinery for use on a network, or

(b)carried out by or on behalf of—

(i)the national system operator,

(ii)a person holding a transmission licence,

(iii)a person holding a distribution licence,

(iv)a person holding a licence under section 7 or 7ZA of the Gas Act 1986 M21 (“the 1986 Act”),

(v)a LNG import or export facility within the meaning of section 48 of the 1986 Act M22,

(vi)a person holding a network licence under section 8 of the Railways Act 1993 M23 (“the 1993 Act”),

where they have travelled to the United Kingdom for the purposes of their work.

(2) For the purposes of sub-paragraph (1)—

distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989 M24 (“the 1989 Act”),

electricity connector”, “generating station” and “transmission system” have the meanings given in section 64(1) of the 1989 Act M25,

essential or emergency works” includes commissioning, inspections, maintenance, repairs and asset replacement activities,

national system operator” means the person operating the national transmission system for Great Britain,

“network”, in sub-paragraph (1)(a)(v) and (vi) has the meaning given in section 83(1) of the 1993 Act,

transmission licence” means a licence granted under section 6(1)(b) of the 1989 Act.

Commencement Information

I28Sch. 4 para. 22 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M20S.I. 2014/3120. There are no relevant amending instruments.

M211986 c. 44. Section 7ZA was inserted by section 149(6) of the Energy Act 2004 (c. 20).

M22The definition was inserted by S.I. 2011/2704.

M25The definition of “electricity interconnector” was inserted by section 147(7) of the Energy Act 2004 (c. 20). The definition of “transmission system” was substituted by paragraph 15 of schedule 19 of the 2004 Act.

23.—(1) A person who is—S

(a)nuclear personnel, and who is essential to the safe and secure operations of a site in respect of which a nuclear site licence has been granted,

(b)a nuclear emergency responder, or

(c)an agency inspector.

(2) For the purposes of this paragraph—

agency inspector” has the meaning given in section 1(1) of the Nuclear Safeguards Act 2000 M26,

nuclear emergency responder” means a person—

(a)

providing assistance to the United Kingdom in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done a Vienna on 26 September 1986, and

(b)

who has been duly notified to and accepted by the United Kingdom, where the United Kingdom has requested assistance under that Convention,

nuclear personnel” means—

(a)

a worker who is employed to carry out work on or in relation to a site in respect of which a nuclear site licence has been granted,

(b)

an employee of the Nuclear Decommissioning Authority M27,

nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965 M28.

Commencement Information

I29Sch. 4 para. 23 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M27The Nuclear Decommissioning Authority was established by section 1 of the Energy Act 2004 (c. 20).

M281965 c. 57. Section 1 was substituted by paragraph 17 of schedule 2 of the Energy Act 2013 (c. 32); by virtue of section 1(2), a licence described in section 1(1) is referred to as a “nuclear site licence”.

24.  An inspector from the Organisation for the Prohibition of Chemical Weapons, within the meaning given to “inspector” by section 24(e) of the Chemical Weapons Act 1996 M29, who has travelled to the United Kingdom for the purposes of an inspection.S

Commencement Information

I30Sch. 4 para. 24 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

25.—(1) A person who is—S

(a)carrying out a critical function at a space site or a spacecraft controller who is responsible for command and control of a launch vehicle or spacecraft for nominal operations, collision avoidance or anomalies, or

(b)employed by, or contracted to provide services to, a person who operates or maintains space situational awareness capabilities, where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

space site” has the meaning given in paragraph 5(3) of schedule 4 of the Space Industry Act 2018 M30 (“the 2018 Act”),

space situational awareness capabilities” means the sensors, systems and analytical services needed to provide time-sensitive warnings of space weather events, orbital collisions, orbital fragmentations or the re-entry of man-made objects from orbit,

spacecraft” has the meaning given in section 2(6) of the 2018 Act,

spacecraft controller” means a person competent, authorised and responsible for maintaining safe and secure operation of spacecraft through monitoring the status of a spacecraft, issuing manoeuvre commands or controlling other aspects of the spacecraft that influence its behaviour including its motion in space.

Commencement Information

I31Sch. 4 para. 25 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

26.—(1) A specialist aerospace engineer, or a specialist aerospace worker, where they have travelled to the United Kingdom in the course of their work.S

(2) For the purposes of sub-paragraph (1)—

specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft), and

specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency M31.

Commencement Information

I32Sch. 4 para. 26 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M31The Civil Aviation Authority was established under section 1(1) of the Civil Aviation Act 1971 (c. 75). That Act was replaced by a consolidating statute, the Civil Aviation Act 1982 (c. 16), section 2(1) of which provides for the continued existence of the Civil Aviation Authority. The European Union Aviation Safety Agency was established by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amendment Regulation (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and the Council and Council Regulation (EEC) No 3922/91.

27.—(1) A person engaged in operational, maintenance or safety activities of a downstream oil facility that has a capacity in excess of 20,000 tonnes, where—S

(a)the downstream oil facility is engaged in a specified activity carried on in the United Kingdom in the course of a business, and contributes (directly or indirectly) to the supply of crude oil-based fuels to—

(i)consumers in the United Kingdom,

(ii)or persons carrying on business in the United Kingdom, and

(b)the activities are required to ensure continued safe operation of the facility,

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

(a)a facility has a capacity in excess of 20,000 tonnes at any time if it was used in the previous calendar year for the purposes of downstream oil sector activities in relation to more than that number of tonnes of oil, and

(b)“specified activities” are—

(i)storing oil,

(ii)handling oil,

(iii)the carriage of oil by sea or inland water,

(iv)conveying oil by pipes,

(v)refining or otherwise processing oil.

Commencement Information

I33Sch. 4 para. 27 in force at 20.9.2021, see reg. 1(2)

28.—(1) A worker required to undertake or commence within the period during which they would, but for this paragraph, have had to comply with Part 6 (self-isolation) of these Regulations—S

(a)activities on or in relation to an offshore installation,

(b)activities on or in relation to upstream petroleum infrastructure,

(c)critical safety work on an offshore installation or well being decommissioned or preserved pending demolition or reuse, or

(d)activities for the provision of workers, goods, materials or equipment or other essential services required to support the safe operation of the activities referred to in sub-paragraphs (a) to (c),

where they have travelled to the United Kingdom in the course of their work.

(2) For the purposes of sub-paragraph (1)—

offshore installation” has the meaning given in section 44 of the Petroleum Act 1998 M32 (“the 1998 Act”),

upstream petroleum infrastructure” has the meaning given in section 9H of the 1998 Act M33, and

well” has the meaning given in section 45A(10) of the 1998 Act M34.

Commencement Information

I34Sch. 4 para. 28 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M321998 c. 17. Section 44 was amended by paragraph 11 of schedule 1 of the Energy Act 2008 (c. 32).

M33Section 9H was substituted by section 74(2) of the Energy Act 2016 (c. 20).

M34Section 45A was inserted by section 75(1) of the Energy Act 2008. There are amendments to section 45A but none is relevant.

29.  A postal operator, as defined in section 27(3) of the Postal Services Act 2011 M35, where they have travelled to the United Kingdom in the course of their work.S

Commencement Information

I35Sch. 4 para. 29 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

30.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods, where they have travelled to the United Kingdom in the course of their work.S

Commencement Information

I36Sch. 4 para. 30 in force at 20.9.2021, see reg. 1(2)

31.  A worker with specialist technical skills, where those specialist technical skills are required for essential or emergency works (including construction, commissioning, installation, maintenance, repairs and safety checks), or to fulfil contractual obligations or warranty specifications in, or in connection with, waste management facilities used for the management, sorting, treatment, recovery, or disposal of waste (including energy from waste), where they have travelled to the United Kingdom in the course of their work.S

Commencement Information

I37Sch. 4 para. 31 in force at 20.9.2021, see reg. 1(2)

32.—(1) A person who has travelled to the United Kingdom for the purposes of their work in essential infrastructure industries including—S

(a)a person involved in essential maintenance and repair of data infrastructure required to reduce and resolve outages, or in the provision of goods and services to support these activities, and

(b)an information technology or telecommunications professional (including information technology consultant, quality analyst, software tester, systems tester, and telecommunications planner), whose expertise is required to—

(i)provide an essential or emergency response to threats and incidents relating to the security of any network and information system, and

(ii)ensure the continued operation of any network and information system.

(2) For the purposes of sub-paragraph (1), “network and information” system has the meaning in regulation 1(2) of the Network and Information Systems Regulations 2018 M36.

Commencement Information

I38Sch. 4 para. 32 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

33.  A person who is engaged in urgent or essential work—S

(a)that is necessary for the continued operation of—

(i)electronic communications networks and services as defined in section 32 of the Communications Act 2003 M37, or

(ii)the BBC's broadcasting transmission network and services,

(b)in associated supply chain companies that maintain the confidentiality, integrity, and availability of the electronic communications networks and services and the BBC transmission network and services, where they have travelled to the United Kingdom in the course of their work.

Commencement Information

I39Sch. 4 para. 33 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M372003 c. 21; section 32 was amended by S.I. 2011/1210 and S.I. 2020/1419.

34.  A person—S

(a)who is engaged in the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure,

(b)whose role directly supports the installation, maintenance or repair of subsea fibre optic telecommunications infrastructure, where they have travelled to the United Kingdom in the course of their work.

Commencement Information

I40Sch. 4 para. 34 in force at 20.9.2021, see reg. 1(2)

PART 5SHealthcare

35.—(1) Any of the following—S

(a)a person (“P”) who—

(i)before travelling to the United Kingdom has made arrangements with a provider in the United Kingdom to receive healthcare (or, where P is a child, on whose behalf such arrangements have been made),

(ii)is in possession of written confirmation of the arrangements from the provider,

(iii)has travelled to the United Kingdom to receive that healthcare, and

(iv)is attending a place to receive that healthcare.

(b)a person who—

(i)is accompanying P for the purpose of providing necessary care or support to P in the circumstances referred to in sub-paragraph (1)(a)(iv), or

(ii)is travelling, for the purpose of so accompanying P, directly between the place where they are staying in accordance with regulation 26(2) and either of the places referred to in sub-paragraph (1)(a)(iv), where that person has travelled to the United Kingdom for that purpose and is in possession of the confirmation referred to in sub-paragraph (1)(a)(ii) or a copy of it,

(c)a child who is accompanying P or, where P is a child, any child who is accompanying a person referred to in sub-paragraph (1)(b),

(d)a live donor.

(2) For the purposes of this paragraph—

healthcare” means all forms of healthcare provided for individuals, whether relating to mental or physical health, including healthcare in connection with giving birth,

live donor” means a person who—

(a)

has travelled to the United Kingdom for the purpose of donation of material which consists of or includes their human cells pursuant to arrangements made with a provider in the United Kingdom before travelling to the United Kingdom and which are to be used by the provider for the purpose of providing healthcare, and

(b)

is in possession of written confirmation of the arrangements from the provider, and

provider” means a provider of healthcare.

Commencement Information

I41Sch. 4 para. 35 in force at 20.9.2021, see reg. 1(2)

36.—(1) A person who has travelled to the United Kingdom for the purpose of transporting material which consists of, or includes, human cells or blood and which is to be used for the provision of healthcare by a healthcare provider.S

(2) For the purposes of sub-paragraph (1)—

blood” includes blood components, and

healthcare” has the meaning given in paragraph 35.

Commencement Information

I42Sch. 4 para. 36 in force at 20.9.2021, see reg. 1(2)

37.  A person who is an “inspector” within the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M38 who has travelled to the United Kingdom to undertake activities in relation to their role as such a person.S

Commencement Information

I43Sch. 4 para. 37 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

38.—(1) A person who—S

(a)has travelled to the United Kingdom to—

(i)conduct a clinical trial within the meaning of “conducting a clinical trial” in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 M39,

(ii)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical trial, or

(iii)carry out any necessary compliance activity in relation to a clinical trial that cannot be conducted remotely,

(b)is a “qualified person” within the meaning of regulation 43 of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person, or

(c)is a “sponsor” within the meaning given in regulation 2(1) of those Regulations, or carries out the functions or duties of a sponsor, of a clinical trial and has travelled to the United Kingdom to undertake activities in relation to a clinical trial.

(2) For the purposes of sub-paragraph (1), “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004.

Commencement Information

I44Sch. 4 para. 38 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

39.  A person who has travelled to the United Kingdom to—S

(a)conduct a clinical investigation within the meaning of the Medical Devices Regulations 2002 M40,

(b)undertake such activities as are necessary or expedient to prepare for the conduct of a clinical investigation, or

(c)carry out any other necessary compliance activity in relation to a clinical investigation that cannot be conducted remotely.

Commencement Information

I45Sch. 4 para. 39 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

40.  A person who is—S

(a)a “qualified person” within the meaning of regulation 41(2) of the Human Medicines Regulations 2012,

(b)a “responsible person” within the meaning of regulation 45(1) of those Regulations, where they have travelled to the United Kingdom in order to undertake activities in relation to their role as such a person.

Commencement Information

I46Sch. 4 para. 40 in force at 20.9.2021, see reg. 1(2)

PART 6SSeasonal Agricultural Workers

41.—(1) A person who has an offer of employment for seasonal work to carry out specified activities in edible horticulture on a named farm or farming land.S

(2) For the purpose of sub-paragraph (1)—

  • “seasonal work” is employment which fluctuates or is restricted due to the season or time of the year,

  • edible horticulture” means growing—

    (a)

    protected vegetables grown in glasshouse systems,

    (b)

    field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

    (c)

    soft fruit grown outdoors or under cover,

    (d)

    trees that bear fruit,

    (e)

    vines and bines,

    (f)

    mushrooms,

  • specified activities” means—

    (a)

    crop maintenance,

    (b)

    crop harvesting,

    (c)

    tunnel construction and dismantling,

    (d)

    irrigation installation and maintenance,

    (e)

    crop husbandry,

    (f)

    packing and processing of crops on employers' premises,

    (g)

    preparing and dismantling growing areas and media,

    (h)

    general primary production work in edible horticulture,

    (i)

    activities relating to supervising teams of horticulture workers.

Commencement Information

I47Sch. 4 para. 41 in force at 20.9.2021, see reg. 1(2)

PART 7SSports and culture

42.—(1) Any of the following—S

(a)a domestic elite sportsperson,

(b)an international elite sportsperson,

(c)a domestic ancillary sportsperson,

(d)an international ancillary sportsperson.

(2) For the purposes of this paragraph—

domestic ancillary sportsperson” means an individual who is essential to—

(a)

the running of an elite sports event, including—

(i)

operational staff,

(ii)

event officials, and

(iii)

referees, or

(b)

the support of a domestic elite sportsperson including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff, and

(v)

the parent or carer of an elite sportsperson under the age of 18,

domestic elite sportsperson” means—

(a)

an individual who—

(i)

derives a living from competing in a sport,

(ii)

is a senior representative nominated by a relevant sporting body,

(iii)

is a member of the senior training squad for a relevant sporting body, or

(iv)

is aged 16 or above and on an elite development pathway, and

(b)

either—

(i)

has returned to Scotland with the intention of continuing activities as a sportsperson in order to—

(aa)

participate in an elite sporting event, or to participate in training for an elite sporting event in which the participants compete to qualify for the right to represent Great Britain and Northern Ireland at the Olympic or Paralympic Games, or

(bb)

participate in training for an elite sporting event in which the participants compete to qualify for the right to represent England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games, or

(ii)

is a United Kingdom sportsperson who is not habitually resident in the United Kingdom and has travelled to Scotland in order to participate in training for, or to compete in, an elite sports event.

elite sports event” means a specified competition or other sporting event in which the participants compete—

(a)

to derive a living, or

(b)

to qualify for the right to represent—

(i)

Great Britain and Northern Ireland at the Olympic or Paralympic Games, or

(ii)

England, Wales, Scotland, Northern Ireland, Gibraltar, Guernsey, Jersey or the Isle of Man at the Commonwealth Games,

international ancillary sportsperson” means an individual essential to—

(a)

the running of a specified competition including—

(i)

operational staff essential to the running of that specified competition,

(ii)

competition officials and referees, and

(iii)

broadcast staff and journalists covering that specified competition, or

(b)

the support of an international elite sportsperson, including—

(i)

sports team medical, logistical, technical and administration staff,

(ii)

individual sportsperson medical and technical support staff,

(iii)

horse grooms and trainers,

(iv)

motorsport mechanics and technical staff, and

(v)

the parent or carer of an international elite sportsperson under the age of 18, and

international elite sportsperson” means an individual who travels to Scotland in order to participate in a specified competition and who—

(a)

derives a living from competing in a sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, or

(d)

is aged 16 or above and on an elite development pathway.

(3) For the purposes of paragraph (2)—

elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(a)

so that they may derive a living from competing in that sport, or

(b)

to compete at that sport at Olympic or Paralympic Games, or in the Commonwealth Games,

relevant sporting body” in relation to a sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(a)

that sportsperson's nation at the Olympic or Paralympic Games, or

(b)

that sportsperson's nation at the Commonwealth Games, and

“senior representative” in relation to a sportsperson means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(a)

that sportsperson's nation at the Olympic or Paralympic Games, or

(b)

that sportsperson's nation at the Commonwealth Games.

(4) An international elite sportsperson or an international ancillary sportsperson must, on request, provide to an immigration officer written evidence from a United Kingdom or Scottish sport national governing body confirming P's status as—

(a)an international elite sportsperson or

(b)an international ancillary sportsperson.

Commencement Information

I48Sch. 4 para. 42 in force at 20.9.2021, see reg. 1(2)

[F4643.(1) A performing arts professional working in connection with a performing arts event.S

(2) For the purposes of this paragraph—

(a)“performing arts professional” means an individual who—

(i)derives a living from the performing arts, and

(ii)holds a certificate issued in accordance with the document titled ‘Travelling or returning to Scotland for work as a performing arts professional during COVID-19: Self-isolation Exemptions Guidance’ published by Creative Scotland on 30 September 2021F47,

(b)“performing arts event” means an event—

(i)at which a performing arts activity takes place, and

(ii)for which the performing arts professional is paid,

(c)“performing arts activity” means—

(i)a dramatic production, including a performance of a play, opera, musical or other dramatic piece,

(ii)a performance of live music,

(iii)a recording of a performance of live music which is—

(aa)broadcast, at the time of performance or later, to the general public, or

(bb)released, at the time of the performance or later, to the paying public (by digital or other means),

(iv)a music video production, or

(v)a performance of dance.

44.(1) A person engaged in film production or high end TV production.S

(2) For the purposes of sub-paragraph (1)—

(a)a person is engaged in film production if engaged in the making of a film which is a British film for the purposes of schedule 1 of the Films Act 1985, and

(b)a person is engaged in high end TV production if working on the making of a television programme which is a British programme for the purposes of Part 15A of the Corporation Tax Act 2009.]

Regulations 6(3), 18(3)and 25(3)

SCHEDULE 5SCOP 26 Representatives

1.  A representative of a party to the United Nations Framework Convention on Climate Change, a party to the Kyoto Protocol or a party to the Paris Agreement who is, or is to be, a representative at the COP.S

Commencement Information

I49Sch. 5 para. 1 in force at 20.9.2021, see reg. 1(2)

2.  A representative of an observer state who is, or is to be, a representative at the COP.S

Commencement Information

I50Sch. 5 para. 2 in force at 20.9.2021, see reg. 1(2)

3.  A representative of the Executive Board of the Clean Development Mechanism who is, or is to be, a representative at a meeting hosted by the Executive Board forming part of the COP.S

Commencement Information

I51Sch. 5 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  An executive head of a specialized agency of the United Nations, or a person acting on their behalf, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.S

Commencement Information

I52Sch. 5 para. 4 in force at 20.9.2021, see reg. 1(2)

5.  An officer of a specialized agency of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.S

Commencement Information

I53Sch. 5 para. 5 in force at 20.9.2021, see reg. 1(2)

6.  An expert performing a mission for a specialized agency of the United Nations who is, or is to be, a representative at the COP and who is participating in or performing official functions in connection with the COP.S

Commencement Information

I54Sch. 5 para. 6 in force at 20.9.2021, see reg. 1(2)

7.  An official of the Adaptation Fund, the Green Climate Fund or the Global Environment Facility who is, or is to be, a representative at the COP and who is essential to the participation of that organisation in the COP in order to enable that organisation to discharge, and report on, its mandate to—S

(a)the 26th session of the Conference of the Parties,

(b)the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, or

(c)the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement.

Commencement Information

I55Sch. 5 para. 7 in force at 20.9.2021, see reg. 1(2)

8.  An officer of the United Nations, other than a person who is locally recruited and assigned to hourly rates of pay, who is participating in or performing official functions in connection with the COP.S

Commencement Information

I56Sch. 5 para. 8 in force at 20.9.2021, see reg. 1(2)

9.  An expert, other than an officer of the United Nations, who is performing a mission on behalf of the United Nations in connection with the COP.S

Commencement Information

I57Sch. 5 para. 9 in force at 20.9.2021, see reg. 1(2)

10.  A representative to an international organisation, within the meaning of paragraph 1(1)(e) of schedule 4, who is participating in or performing official functions in connection with the COP.S

Commencement Information

I58Sch. 5 para. 10 in force at 20.9.2021, see reg. 1(2)

11.  In this schedule—S

(a)observer state” means an observer state referred to in—

(i)paragraph 6 of Article 7 of the United Nations Framework Convention on Climate Change,

(ii)paragraph 8 of Article 13 of the Kyoto Protocol, or

(iii)paragraph 8 of Article 16 of the Paris Agreement,

(b)the specialized agencies of the United Nations are—

(i)the Food and Agriculture Organization,

(ii)the International Civil Aviation Organization,

(iii)the International Fund for Agricultural Development,

(iv)the International Labour Organization,

(v)the International Monetary Fund,

(vi)the International Maritime Organization,

(vii)the International Telecommunications Union,

(viii)the United Nations Educational, Scientific and Cultural Organization,

(ix)the United Nations Industrial Development Organization,

(x)the Universal Postal Union,

(xi)the World Bank, comprising—

(aa)the International Bank for Reconstruction and Development,

(bb)the International Development Association,

(cc)the International Finance Corporation,

(dd)the International Centre for Settlement of Investment Disputes, and

(ee)the Multilateral Investment Guarantee Agency,

(xii)the World Health Organization,

(xiii)the World Intellectual Property Organization,

(xiv)the World Meteorological Organization,

(xv)the World Tourism Organization.

Commencement Information

I59Sch. 5 para. 11 in force at 20.9.2021, see reg. 1(2)

Regulation 2(5)

[F48SCHEDULE 5ASApplication of Regulations to COP 26 participants

1.(1) These Regulations apply in relation to participants in the COP World Leaders summit event (“the WLS event”) and the COP with the modifications contained in this schedule.S

(2) A person (“P”) is a participant in the WLS event for the purposes of sub-paragraph (1) where sub-paragraph (3) and (4) apply in relation to P.

(3) P—

(a)either—

(i)travelled to the United Kingdom for the purpose of attending or facilitating the WLS event, and P is in Scotland for the purpose of attending or facilitating the WLS event or of travelling in order to leave the United Kingdom, or

(ii)travelled to the United Kingdom for another purpose, and after their arrival is attending, facilitating, or travelling to or from the WLS event, and

(b)has been invited by Her Majesty’s Government to attend or facilitate the WLS event.

(4) The relevant person has—

(a)provided written confirmation to the Foreign, Commonwealth and Development Office that P will comply with the health protocols for the WLS event, and

(b)received written confirmation from the Foreign, Commonwealth and Development Office that P is a person described in sub-paragraph (2) and the Foreign, Commonwealth and Development Office has not withdrawn the confirmation.

(5) Where P is—

(a)attending or facilitating the WLS event on behalf of a State, the relevant person for the purposes of sub-paragraph (4) is the relevant head of the mission or head of consular post in the United Kingdom, or, where no such person exists, the Minister for Foreign Affairs or a person acting on their authority,

(b)attending or facilitating the WLS event on behalf of a foreign territory, the relevant person for the purposes of sub-paragraph (4) is the head of the office representing the foreign territory in the United Kingdom,

(c)attending or facilitating the WLS event on behalf of an organisation, the relevant person for the purposes of sub-paragraph (4) is the head of the organisation,

(d)attending or facilitating the WLS event on their own behalf, the relevant person for the purposes of sub-paragraph (4) is P.

(6) For the purposes of sub-paragraph (5) “head of the mission” and “head of consular post” has the same meaning as in paragraph 1(5) of schedule 4.

(7) A person (“P”) is a participant in the COP for the purposes of sub-paragraph (1) where sub-paragraph (8) applies in relation to P.

(8) P—

(a)either—

(i)travelled to the United Kingdom for the purpose of attending or facilitating the COP, and P is in Scotland for the purpose of attending or facilitating the COP or of travelling in order to leave the United Kingdom, or

(ii)travelled to the United Kingdom for another purpose, and after their arrival is attending, facilitating, or travelling to or from the COP,

(b)is a person who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat,

(c)has provided written confirmation to the Cabinet Office that P will comply with the health protocols for the COP, and

(d)has received written confirmation from the Cabinet Office that P is a person described in this sub-paragraph and the Cabinet Office has not withdrawn the confirmation.

World Leaders summit event invitees and COP 26 representativesS

2.(1) This paragraph applies to a person (“P”) where P is—

F49(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a person—

(i)invited by Her Majesty’s Government to attend the WLS event,

(ii)invited by Her Majesty’s Government to attend both the COP World Leaders summit event and the COP, or

(iii)described in schedule 5 (COP 26 representatives).

(2) Where this paragraph applies—

(a)P is not required to comply with regulations 4 to 6 (passenger information),

(b)P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c)P is not required to comply with regulations 11 to 18 (testing following arrival in Scotland),

(d)P is not required to comply with regulations 19 to 25 (managed isolation),

(e)P is not required to comply with regulations 26 and 27 (self-isolation).

Eligible COP participant who is not a red list arrivalS

3.(1) This paragraph applies to a person (“P”) where—

(a)P is not a person to whom paragraph 2 (World Leaders summit event invitees and COP 26 representatives) applies,

(b)P is a person [F50who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat],

(c)P is not a red list arrival,

(d)P—

(i)satisfies the requirements in regulation 3(2)(a), (b), (c) and (f), (3)(a) and (c), (4)(a) and (c), (5), (6)(a) and (c) or (7),

(ii)has completed a course of doses of an authorised vaccine, and P received the final dose before the start of the period beginning with the 14th day before the date of P’s arrival in the United Kingdom,

(iii)has participated, or is participating, in a clinical trial regulated by the regulator in the country where the trial is carried out of a vaccine against coronavirus, or

(iv)is under the age of 18 when P enters the United Kingdom for the purposes of attending or facilitating the COP, and

(e)P has declared on the Passenger Locator Form that P meets the applicable requirement in paragraph (d).

(2) For the purposes of paragraph (1)(d)(ii)—

(a)P has completed a course of doses of an authorised vaccine if P has received the complete course of doses of the authorised vaccine as specified in the manufacturer’s guidance for that vaccine,

(b)“authorised vaccine” means a vaccine against coronavirus authorised, in relation to doses received in a country other than the United Kingdom,

(i)in the case of doses received in a relevant country listed in regulation 3(12), following evaluation by the relevant regulator for that country, or otherwise by the government of that country or pursuant to its authority,

(ii)in the case of doses received in a relevant country listed in schedule 1A, in the United Kingdom in accordance with head (i) or (ii) of paragraph (a) of the definition of “authorised vaccine” in regulation 3(11), or by the government of the relevant country or pursuant to its authority,

(iii)in the case of doses received in another country, following evaluation by the regulator for that country or otherwise by the government of that country, or pursuant to its authority,

(c)in paragraph (b)(i), “relevant country” and “relevant regulator” have the meanings given in regulation 3(11),

(3) Where this paragraph applies—

(a)F51... P is required to comply with regulations 4 to 6 (passenger information),

(b)notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c)P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland) as if—

(i)P were an eligible vaccinated arrival, and

(ii)“testing package” means a day 2 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(d)P is not required to comply with regulations 19 to 25 (managed isolation),

(e)P is not required to comply with regulations 26 and 27 (self-isolation).

Non-eligible COP participant who is not a red list arrivalS

4.(1) This paragraph applies to a person (“P”) where—

(a)P is not a person to whom paragraph 2 (world leader summit invitees and COP 26 representatives) applies,

(b)P is a person [F52who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat],

(c)P is not a red list arrival,

(d)P does not meet the requirements described in paragraph 3(1)(d) and (e).

(2) Where this paragraph applies—

(a)F53... P is required to comply with regulations 4 to 6 (passenger information),

(b)notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c)P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland) as if—

(i)P were an eligible vaccinated arrival, and

(ii)“testing package” means a day 2 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(d)P is not required to comply with regulations 19 to 25 (managed isolation),

(e)P is not required to comply with regulations 26 and 27 (self-isolation).

Eligible COP participant who is a red list arrivalS

5.(1) This paragraph applies to a person (“P”) where—

(a)P is not a person to whom paragraph 2 applies (world leader summit invitees and COP 26 representatives),

(b)P is a person [F54who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat],

(c)P is a red list arrival,

(d)P—

(i)satisfies the requirements in regulations 3(2)(a), (b), (c) and (f), (3)(a) and (c), (4)(a) and (c), (5), (6)(a) and (c) or (7),

(ii)has completed a course of doses of an authorised vaccine, and P received the final dose before the start of the period beginning with the 9th day before the date of P’s arrival in the United Kingdom,

(iii)has participated, or is participating, in a clinical trial regulated by the regulator in the country where the trial is carried out of a vaccine for vaccination against coronavirus, or

(iv)is under the age of 18 when P enters the United Kingdom for the purposes of attending or facilitating the COP, and

(e)P has declared on the Passenger Locator Form that P meets the applicable requirement in paragraph (d).

(2) Where this paragraph applies—

(a)the reference to “the 14th day” in regulation 3(2)(a) and in regulation 3(6)(a) is to be read as if it were a reference to “the 9th day”,

(b)F55... P is required to comply with regulations 4 to 6 (passenger information),

(c)notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(d)P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland) as if P is not an eligible vaccinated arrival and with the modifications in sub-paragraph (3),

(e)P is required to comply with regulations 19 to 25 (managed isolation) as if, in regulation 21(1)(a), the reference to “the 10th day” were a reference to “the 5th day”,

(f)P is not required to comply with regulations 26 and 27 (self-isolation).

(3) The modifications are as follows—

(a)“testing package” means a day 2 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(b)regulation 21(1)(a) applies as if the reference to “the 10th day” were a reference to “the 5th day”,

(c)where P’s day 2 test generates a negative result, P must remain in the designated accommodation until the end of the 5th day after the day on which P arrived in Scotland,

(d)where P’s day 2 test generates an inconclusive result, P must remain in the designated accommodation—

(i)until the end of the 10th day after the day P undertook the test,

(ii)where P undertakes a test to which regulation 16(8) applies and the test generates a negative result, until the end of the 5th day after the day on which P arrived in Scotland or, if later, the day on which P receives the negative result.

(iii)where P undertakes a test to which regulation 16(8) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test (in which case P is not required to undertake a day 8 test),

(e)regulation 16 does not apply in relation to the result generated from P’s day 8 test.

Non-eligible COP participant who is a red list arrivalS

6.(1) This paragraph applies to a person (“P”) where—

(a)P is not a person to whom paragraph 2 (World Leader summit event invitees and COP 26 representatives) applies,

(b)P is a person [F56who has been registered to attend the COP with the secretariat of the United Nations Framework Convention on Climate Change, and has confirmation of their registration from the secretariat],

(c)P is a red list arrival,

(d)P does not meet the requirements described in paragraph 5(1)(d) and (e).

(2) Where this paragraph applies—

(a)F57... P is required to comply with regulations 4 to 6 (passenger information),

(b)notwithstanding regulation 10(1), P is required to comply with regulations 7 to 10 (testing prior to arrival in Scotland),

(c)P is required to comply with regulations 11, 14, 15, and 16 (testing following arrival in Scotland), as if—

(i)P is not an eligible vaccinated arrival, and

(ii)“testing package” means a day 2 test and day 8 test arranged for P by virtue of being a person described in paragraph 1(3) of schedule 4,

(d)P is required to comply with regulations 19 to 25 (managed isolation),

(e)P is not required to comply with regulations 26 and 27 (self-isolation).]

Regulations 2 and 25

SCHEDULE 6SSpecified competitions

PART 1S

1.  European Professional Club Football Fixtures, including UEFA Champions League, Europa League and Europa Conference League fixtures.S

Commencement Information

I60Sch. 6 para. 1 in force at 20.9.2021, see reg. 1(2)

2.  International Football fixtures.S

Commencement Information

I61Sch. 6 para. 2 in force at 20.9.2021, see reg. 1(2)

3.  UEFA Youth League fixtures.S

Commencement Information

I62Sch. 6 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  Test Cricket matches.S

Commencement Information

I63Sch. 6 para. 4 in force at 20.9.2021, see reg. 1(2)

5.  European Tour Golf – Alfred Dunhill Links Championship.S

Commencement Information

I64Sch. 6 para. 5 in force at 20.9.2021, see reg. 1(2)

6.  European Tour Golf – Hero Open.S

Commencement Information

I65Sch. 6 para. 6 in force at 20.9.2021, see reg. 1(2)

7.  Golf – AIG Women's Open.S

Commencement Information

I66Sch. 6 para. 7 in force at 20.9.2021, see reg. 1(2)

8.  Golf – AIG Women's Open Final Qualifying.S

Commencement Information

I67Sch. 6 para. 8 in force at 20.9.2021, see reg. 1(2)

9.  Golf – ASI Scottish Open.S

Commencement Information

I68Sch. 6 para. 9 in force at 20.9.2021, see reg. 1(2)

10.  Golf – Legends Tour – Scottish Senior Open.S

Commencement Information

I69Sch. 6 para. 10 in force at 20.9.2021, see reg. 1(2)

11.  Trust Golf Women's Scottish Open.S

Commencement Information

I70Sch. 6 para. 11 in force at 20.9.2021, see reg. 1(2)

12.  European Professional Club Rugby fixtures.S

Commencement Information

I71Sch. 6 para. 12 in force at 20.9.2021, see reg. 1(2)

13.  Rugby Union international fixtures.S

Commencement Information

I72Sch. 6 para. 13 in force at 20.9.2021, see reg. 1(2)

14.  Scottish Rugby Union international fixtures.S

Commencement Information

I73Sch. 6 para. 14 in force at 20.9.2021, see reg. 1(2)

15.  United Rugby Championship.S

Commencement Information

I74Sch. 6 para. 15 in force at 20.9.2021, see reg. 1(2)

16.  Olympic, Paralympic and Commonwealth Games qualification events.S

Commencement Information

I75Sch. 6 para. 16 in force at 20.9.2021, see reg. 1(2)

17.  Disability Darts World Cup (team event).S

Commencement Information

I76Sch. 6 para. 17 in force at 20.9.2021, see reg. 1(2)

18.  Professional Darts Corporation – Players' Championship.S

Commencement Information

I77Sch. 6 para. 18 in force at 20.9.2021, see reg. 1(2)

19.  Professional Darts Corporation – World Youth Championship.S

Commencement Information

I78Sch. 6 para. 19 in force at 20.9.2021, see reg. 1(2)

20.  Professional Darts Corporation – Unibet Premier League.S

Commencement Information

I79Sch. 6 para. 20 in force at 20.9.2021, see reg. 1(2)

21.  World Disability Darts Championships (singles).S

Commencement Information

I80Sch. 6 para. 21 in force at 20.9.2021, see reg. 1(2)

22.  ATP Tour Tennis, WTA Tour Tennis and ITF Tour Tennis.S

Commencement Information

I81Sch. 6 para. 22 in force at 20.9.2021, see reg. 1(2)

23.  Scottish Horseracing meetings.S

Commencement Information

I82Sch. 6 para. 23 in force at 20.9.2021, see reg. 1(2)

24.  World Snooker Tour – Scottish Open.S

Commencement Information

I83Sch. 6 para. 24 in force at 20.9.2021, see reg. 1(2)

25.  British Curling Team – Wheelchair Curling Event.S

Commencement Information

I84Sch. 6 para. 25 in force at 20.9.2021, see reg. 1(2)

26.  British Curling Team – Men's and Women's Team Events.S

Commencement Information

I85Sch. 6 para. 26 in force at 20.9.2021, see reg. 1(2)

27.  Curling – World Mixed Doubles Championship.S

Commencement Information

I86Sch. 6 para. 27 in force at 20.9.2021, see reg. 1(2)

28.  European Grand Slam Curling.S

Commencement Information

I87Sch. 6 para. 28 in force at 20.9.2021, see reg. 1(2)

29.  FIM Speedway Grand Prix qualification events.S

Commencement Information

I88Sch. 6 para. 29 in force at 20.9.2021, see reg. 1(2)

30.  Professional GB Speedway Championship.S

Commencement Information

I89Sch. 6 para. 30 in force at 20.9.2021, see reg. 1(2)

31.  Cycling – Tour of Britain.S

Commencement Information

I90Sch. 6 para. 31 in force at 20.9.2021, see reg. 1(2)

32.  Mountain Biking – Enduro World Series.S

Commencement Information

I91Sch. 6 para. 32 in force at 20.9.2021, see reg. 1(2)

33.  Loch Ness Marathon.S

Commencement Information

I92Sch. 6 para. 33 in force at 20.9.2021, see reg. 1(2)

34.  Trail Running – Skyline Scotland.S

Commencement Information

I93Sch. 6 para. 34 in force at 20.9.2021, see reg. 1(2)

35.  Motorsport – Mull Rally.S

Commencement Information

I94Sch. 6 para. 35 in force at 20.9.2021, see reg. 1(2)

36.  Scottish Badminton Championships.S

Commencement Information

I95Sch. 6 para. 36 in force at 20.9.2021, see reg. 1(2)

37.  Scottish Squash Open.S

Commencement Information

I96Sch. 6 para. 37 in force at 20.9.2021, see reg. 1(2)

38.  Windsurfing – Tiree Wave Classic.S

Commencement Information

I97Sch. 6 para. 38 in force at 20.9.2021, see reg. 1(2)

[F5838A.  International Boxing – British Boxing Board of Control.]S

[F5938B.  Netball – international netball fixtures for the Scottish Thistles Netball Team.]S

PART 2S

39.  European Professional Club Football fixtures, including UEFA Champions League, Europa League and Europa Conference League fixtures, involving a professional football club which has, or any of whose players have, departed from or transited through an acute risk country or territory within the preceding 10 days.S

Commencement Information

I98Sch. 6 para. 39 in force at 20.9.2021, see reg. 1(2)

40.  International Football – UEFA Under-21 Championship fixtures involving Turkey.S

Commencement Information

I99Sch. 6 para. 40 in force at 20.9.2021, see reg. 1(2)

41.  European Tour Golf – Alfred Dunhill Links ChampionshipS

Commencement Information

I100Sch. 6 para. 41 in force at 20.9.2021, see reg. 1(2)

42.  Golf – AIG Women's Open.S

Commencement Information

I101Sch. 6 para. 42 in force at 20.9.2021, see reg. 1(2)

43.  Golf – ASI Scottish Open.S

Commencement Information

I102Sch. 6 para. 43 in force at 20.9.2021, see reg. 1(2)

44.  Trust Golf Women's Scottish Open.S

Commencement Information

I103Sch. 6 para. 44 in force at 20.9.2021, see reg. 1(2)

Regulation 37

SCHEDULE 7SOperators: required information

1.  The required information to be provided under regulation 38 (provision of information before booking)—S

(a)in the case of online bookings—

(i)must be displayed prominently on an operator's website or mobile application,

(ii)must include hyperlinks to the following websites—

(aa)https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(bb)https://www.gov.uk/uk-border-control,

(cc)https://www.gov.scot/publications/coronavirus-covid-19-public-health-checks-at-borders/pages/overview, and

(iii)must include the information specified in Part 1 of schedule 8.

(b)in the case of telephone bookings—

(i)must be provided orally,

(ii)must include the information specified in Part 1 of schedule 8,

(c)in the case of in-person bookings—

(i)must be provided orally or in writing,

(ii)where provided orally, must include the information specified in Part 1 of schedule 8,

(iii)where provided in writing, must include a written notice which informs passengers of the requirements under Parts 3 to 6 of these Regulations.

Commencement Information

I104Sch. 7 para. 1 in force at 20.9.2021, see reg. 1(2)

2.  The required information to be provided under regulation 39 (provision of information before departure)—S

(a)must be provided by text message, push notification, email or orally,

(b)where provided by text message or push notification, must include—

(i)text which informs passengers of the requirement to provide information under Part 2 of these Regulations and that penalties apply for failure to comply with those requirements,

(ii)a hyperlink to https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

F60(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)text which informs passengers of the requirement to possess notification of a negative test result under Part 3 of these Regulations, and

(v)text which informs passengers of the requirement to book, pay for and undertake tests under Part 4 of these Regulations.

(c)where provided orally, must include the information specified in Part 1 of schedule 8,

(d)where provided by email, must include—

(i)the information specified in Part 1 of schedule 8, and

(ii)hyperlinks to—

(aa)https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(bb)https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors, and

(cc)https://www.gov.uk/uk-border-control.

Textual Amendments

Commencement Information

I105Sch. 7 para. 2 in force at 20.9.2021, see reg. 1(2)

3.  The required information to be provided under regulation 40 (provision of information before check-in)—S

(a)in relation to digital check-in—

(i)must be displayed prominently on the operator's website or mobile application,

(ii)must be provided before a boarding card is issued,

(iii)must include the information specified in Part 1 of schedule 8,

(iv)must include hyperlinks to—

(aa)https://www.gov.uk/provide-journey-contact-details-before-travel-uk,

(bb)https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors,

(cc)https://www.gov.uk/uk-border-control, and

(dd)https://www.gov.scot/publications/coronavirus-covid-19-public-health-checks-at-borders/pages/overview/.

(b)in relation to in-person check-in—

(i)must be provided orally or in writing,

(ii)where provided orally, must include the information specified in Part 1 of schedule 8,

(iii)where provided in writing, must include a written notice which informs passengers of the requirements of Parts 3 to 6 of these Regulations.

Commencement Information

I106Sch. 7 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  The required information to be provided under regulation 41 (provision of information during journey)—S

(a)must be given orally before passengers disembark in Scotland,

(b)must be given in English and an officially recognised language of the country of departure,

(c)is the information specified in Part 2 of schedule 8.

Commencement Information

I107Sch. 7 para. 4 in force at 20.9.2021, see reg. 1(2)

Regulation 37 and schedule 7

[F61SCHEDULE 8SPassenger notices

PART 1SESSENTIAL INFORMATION TO ENTER THE UK FROM OVERSEAS

[F62All persons (including UK nationals and residents) arriving in the UK from outside the common travel area must provide proof of a negative COVID-19 test taken within 2 days of departure to the UK. For further information please visit: www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/pages/pre-arrival-tests.]

Fill in your Passenger Locator Form before arrival. You must declare all countries you have visited or transited through in the 10 days prior to your arrival on your Passenger Locator Form.

Before departure check the list of red countries, as the list can change regularly.

Red list passengers (including passengers who are fully vaccinated)

F63...

[F641.] Book a managed quarantine package

[F642.] Complete a Passenger Locator Form

You can only enter if you are a British or Irish National, or you have residency rights in the UK. You must enter through a designated port and quarantine in a government approved hotel for 10 days.

Unvaccinated passengers or passengers vaccinated with unauthorised vaccines

[F651. Book PCR tests to be taken on or before day 2 and on or after day 8

2. Compete a Passenger Locator Form

3. Make plans to self-isolate in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days)]

4. Make plans to self-quarantine in private accommodation for 10 full days after arrival (or full duration of stay if less than 10 days)

[F66 Fully vaccinated passengers who are not red-list passengers

[F671. Book a PCR test to take on or before day 2

2. Complete a Passenger Locator Form

3. Self-isolate on arrival and until the result of your day 2 test is known. You may only leave self-isolation if the test is negative.]]

These measures apply to all persons (including UK nationals and residents) arriving in the UK from outside the common travel area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands. The British Overseas Territories are not in the common travel area. Public health requirements may vary depending upon in which nation of the UK you are staying.

England: https://www.gov.uk/uk-border-control

Northern Ireland: https://www.nidirect.gov.uk/articles/coronavirus-covid-19-international-travel-advice

Scotland: https://www.gov.scot/publications/coronavirus-covid-19-international-travel-quarantine/

Wales: https://gov.wales/arriving-wales-overseas

Failure to comply with these measures is a criminal offence and you could be fined. There are a limited set of exemptions from these measures. Check the list of exemptions carefully. You may be fined if you fraudulently claim an exemption.”

PART 2S

The following is a public health message on behalf of the UK’s public health agencies.

[F68If you are fully vaccinated or otherwise meet the eligibility criteria, you must take a PCR test on or before day 2 after you arrive. You must self-isolate on arrival and may only leave self-isolation if the result of the test is negative.

Unvaccinated passengers must self-isolate for 10 days and take a test on day 2 and day 8 after you arrive.]

If you have been in or transited through any countries on the red list within the previous 10 days, you must quarantine in a managed quarantine facility for the first 10 days after arrival and also take another test 8 days after arrival.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Please follow the Public Health guidance for the area you are living or travelling in.

Visit gov.uk/coronavirus for more advice.]

Regulation 51

SCHEDULE 9SRevocations

Commencement Information

I108Sch. 9 in force at 20.9.2021, see reg. 1(2)

Regulations revokedReferences
The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.(S.S.I. 2020/169).
The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020.(S.S.I. 2020/170).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020.(S.S.I. 2020/171).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020.(S.S.I. 2020/184).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020.(S.S.I. 2020/209).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2020.(S.S.I. 2020/221).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2020.(S.S.I. 2020/224).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2020.(S.S.I. 2020/229).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2020.(S.S.I. 2020/233).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2020.(S.S.I. 2020/235).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2020.(S.S.I. 2020/242).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020.(S.S.I. 2020/252).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2020.(S.S.I. 2020/263).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2020.(S.S.I. 2020/271).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2020.(S.S.I. 2020/274).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2020.(S.S.I. 2020/280).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2020.(S.S.I. 2020/288).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2020(S.S.I. 2020/301).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2020.(S.S.I. 2020/307).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2020.(S.S.I. 2020/326).
The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020.(S.S.I. 2020/328).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2020.(S.S.I. 2020/330).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 20) Regulations 2020.(S.S.I. 2020/343).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 21) Regulations 2020.(S.S.I. 2020/354).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 23) Regulations 2020.(S.S.I. 2020/378).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 24) Regulations 2020.(S.S.I. 2020/404).
The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) Regulations 2020.(S.S.I. 2020/431).
The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No. 2) Regulations 2020.(S.S.I. 2020/444).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 25) Regulations 2020.(S.S.I. 2020/474).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/5).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2021.(S.S.I. 2021/6).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2021.(S.S.I. 2021/7).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2021.(S.S.I. 2021/19).
The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021.(S.S.I. 2021/20).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2021.(S.S.I. 2021/21).
The Health Protection (Coronavirus) (International Travel, Public Health Information and Pre-Departure Testing) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/34).
The Health Protection (Coronavirus) (International Travel, Prohibition on Travel from the United Arab Emirates) (Scotland) Amendment Regulations 2021 (insofar as not already revoked).(S.S.I. 2021/52, partially revoked by S.S.I. 2021/181).
The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021.(S.S.I. 2021/74).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2021.(S.S.I. 2021/81).
The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/107).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2021.(S.S.I. 2021/111).
The Health Protection (Coronavirus) (International Travel etc.) (Scotland) Amendment Regulations 2021.(S.S.I. 2021/158).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2021.(S.S.I. 2021/179).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) Regulations 2021.(S.S.I. 2021/181).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2021.(S.S.I. 2021/191).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2021.(S.S.I. 2021/204).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021.(S.S.I. 2021/208).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2021.(S.S.I. 2021/212).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2021.(S.S.I. 2021/230).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2021.(S.S.I. 2021/237).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2021.(S.S.I. 2021/256).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 4) Regulations 2021.(S.S.I. 2021/261).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 5) Regulations 2021.(S.S.I. 2021/264).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 6) Regulations 2021.(S.S.I. 2021/265).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2021.(S.S.I. 2021/275).
The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 7) Regulations 2021.(S.S.I. 2021/278).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2021.(S.S.I. 2021/290).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2021.(S.S.I. 2021/301).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2021.(S.S.I. 2021/307).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2021.(S.S.I. 2021/319).

Regulation 52

SCHEDULE 10STransitional provisions

InterpretationS

1.  In this schedule, “the 2020 Regulations” means the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 M41, and references to numbered Parts and Schedules are to the Parts of those Regulations so numbered, unless the context otherwise requires.

Commencement Information

I109Sch. 10 para. 1 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

Part 2 (requirement to provide information)S

2.  Passenger information provided before 20 September 2021 by a person pursuant to regulation 3(2) of the 2020 Regulations in advance of arrival in Scotland is treated as passenger information provided for the purposes of regulation 4(2) of these Regulations where the person arrives in Scotland on or after that date.

Commencement Information

I110Sch. 10 para. 2 in force at 20.9.2021, see reg. 1(2)

Part 2A (testing following arrival in Scotland)S

3.  Notification provided to the test provider before 20 September 2021 by a person pursuant to regulation 5E of the 2020 Regulations (obligation to provide information) in advance of arrival in Scotland is treated as notification provided for the purposes of regulation 13 of these Regulations where the person arrives in Scotland on or after that date.

Commencement Information

I111Sch. 10 para. 3 in force at 20.9.2021, see reg. 1(2)

4.  Confirmation given by the Foreign, Commonwealth and Development Office before 20 September 2021 that a person is not required to comply with regulations 5D to 5J of the 2020 Regulations pursuant to regulation 5K of the 2020 Regulations (exclusion of certain diplomatic etc. personnel) is treated as confirmation that the person is not required to comply with Part 4 in accordance with regulation 18 of these Regulations where the person arrives in Scotland on or after that date.S

Commencement Information

I112Sch. 10 para. 4 in force at 20.9.2021, see reg. 1(2)

Part 3 (managed self-isolation package)S

5.  A booking of a managed self-isolation package made before 20 September 2021 which satisfies the requirements of regulation 6A(4) of the 2020 Regulations is treated as satisfying the requirements of regulation 20(3) of these Regulations where the person to whom the booking relates arrives in Scotland on or after that date.

Commencement Information

I113Sch. 10 para. 5 in force at 20.9.2021, see reg. 1(2)

6.  A designation by the Scottish Ministers pursuant to regulation 6A(6) of the 2020 Regulations of accommodation or transportation has effect as a designation of accommodation or transportation, as the case may be, under regulation 20(6) of these Regulations.S

Commencement Information

I114Sch. 10 para. 6 in force at 20.9.2021, see reg. 1(2)

7.  A designation by the Scottish Ministers pursuant to regulation 6A(8) of the 2020 Regulations of a person who may impose a charge for the managed self-isolation package has effect as a designation under regulation 23 of these Regulations.S

Commencement Information

I115Sch. 10 para. 7 in force at 20.9.2021, see reg. 1(2)

8.  Confirmation given by the Secretary of State or the Scottish Ministers before 20 September 2021 that P is a relevant person in accordance with regulation 6D of the 2020 Regulations (modification of regulations 6A and 6B) is treated as confirmation that the person is a relevant person in accordance with regulation 22 of these Regulations (modification of regulations 20 and 21) where the person arrives in Scotland on or after that date with references to a managed isolation package to be read accordingly.S

Commencement Information

I116Sch. 10 para. 8 in force at 20.9.2021, see reg. 1(2)

Part 4 (enforcement)S

9.  Authorisation by the Scottish Ministers under regulation 9(7)(g) and (8)(a) of the 2020 Regulations (offences and penalties – Parts 3 and 4) of a person who may grant permission under that regulation has effect as authorisation under regulation 31(3)(f) and (4)(a) of these Regulations.

Commencement Information

I117Sch. 10 para. 9 in force at 20.9.2021, see reg. 1(2)

Schedule 2 (persons not required to comply with regulations 3, 5A or 5D to 6B)S

10.  Confirmation given by the Foreign, Commonwealth and Development Office before 20 September 2021 pursuant to paragraph 1(2)(b) of schedule 2 of the 2020 Regulations is treated as confirmation that a person is not required to comply with Part 5 (managed isolation) or, as the case may be, Part 6 (self-isolation) of these Regulations where the person arrives in Scotland on or after that date.

Commencement Information

I118Sch. 10 para. 10 in force at 20.9.2021, see reg. 1(2)

11.  Confirmation by the relevant Department before 20 September 2021 pursuant to paragraph 1(1A)(d) of schedule 2 of the 2020 Regulations (COP 26 etc.) is treated as confirmation under paragraph 1(3)(d) of schedule 4 [F69or, as the case may be, paragraph 1(4)(b) or (8)(d) of schedule 5A] of these Regulations where the person concerned arrives in Scotland on or after that date, and that confirmation as not been withdrawn.S

Textual Amendments

Commencement Information

I119Sch. 10 para. 11 in force at 20.9.2021, see reg. 1(2)

12.  Confirmation by the Foreign, Commonwealth and Development Office before 20 September 2021 pursuant to paragraph 1A of schedule 2 of the 2020 Regulations that a person is not required to comply with regulation 6 of those Regulations (requirement for travellers to stay in specified premises) is treated as confirmation that a person is not required to comply with Part 6 (self-isolation) of these Regulations pursuant to paragraph 7 of schedule 4 of these Regulations where the person arrives in Scotland on or after that date.S

Commencement Information

I120Sch. 10 para. 12 in force at 20.9.2021, see reg. 1(2)

13.  A designation by the relevant Department or employer before 20 September 2021 pursuant to paragraph 2(2) of schedule 2 of work which is “essential government work” has effect as a designation under paragraph 2(2) of schedule 4 of these Regulations where the person to whom it applies arrives in Scotland on or after that date.S

Commencement Information

I121Sch. 10 para. 13 in force at 20.9.2021, see reg. 1(2)

14.  Certification by the relevant Department or the Scottish Ministers under paragraphs 14 or 14A of schedule 2 of the 2020 Regulations issued before 20 September 2021 that a person is of the description or is undertaking work of the description in those paragraphs, is treated as certification that the person is of the description or is undertaking work of the description in paragraphs 5 or 6 of schedule 4 of these Regulations where the person concerned arrives in Scotland on or after that date.S

Commencement Information

I122Sch. 10 para. 14 in force at 20.9.2021, see reg. 1(2)

Schedule 2A (testing before arrival in Scotland)S

15.  Certification by the relevant Department or the Scottish Ministers pursuant to paragraph 4(1)(a) and (b) of schedule 2A of the 2020 Regulations and issued before 20 September 2021 that a person is not required to comply with regulation 5A of those Regulations is treated as certification pursuant to regulation 10(1)(c) and (d) of these Regulations that the person is not required to comply with Part 3 of these Regulations where the person concerned arrives in Scotland on or after that date.

Commencement Information

I123Sch. 10 para. 15 in force at 20.9.2021, see reg. 1(2)

16.  Confirmation given by the Foreign, Commonwealth and Development Office pursuant to paragraph 4(1)(c)(ii) of schedule 2A of the 2020 Regulations and issued before 20 September 2021 that a person is not required to comply with regulation 5A of those Regulations is treated as confirmation pursuant to regulation 10(1)(e)(ii) of these Regulations that the person is not required to comply with Part 3 of these Regulations where the person concerned arrives in Scotland on or after that date.S

Commencement Information

I124Sch. 10 para. 16 in force at 20.9.2021, see reg. 1(2)

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