The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020
| Year | 2020 |
2020 No. 209
Public Health
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020
Made 9th July 2020
Laid before the Scottish Parliament 10th July 2020
Coming into force 10th July 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 20081, and all other powers enabling them to do so.
In accordance with section 122(6) of that Act, the Scottish Ministers consider that these regulations need to be made urgently, without a draft having been laid before, and approved by resolution of, the Scottish Parliament.
PART 1
General
Citation and commencement
1. These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020 and come into force on 10 July 2020.
Amendment of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020
2.—(1) The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 20202are amended in accordance with paragraphs (2) to (9).
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “coronavirus” insert—
““coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus),
“exempt country or territory” means a country or territory specified in schedule A1 and “non-exempt country or territory” means any other country or territory outside the common travel area,”,
(b)
(b) in the definition of “passenger information” omit “and”,
(c)
(c) after the definition of “Passenger Locator Form” insert—
““specified competition” means a competition listed in schedule 3,”, and
(d)
(d) at the end insert—
“3. For the purposes of these Regulations a person (“P”) is not treated as departing from or transiting through a country or territory if, at all times whilst in that country or territory—
(a) P remains on a conveyance on which no other person is permitted to be taken on board, or
(b) P is kept separated from passengers who did not arrive on the same conveyance as P, and no such passengers are permitted to be taken on board the conveyance on which P leaves that country or territory.”.
(3) In regulation 3 (persons not required to provide passenger information),
(a)
(a) in paragraph (4)(b) omit “or”
(b)
(b) after paragraph (4)(c) insert—
“(d)
“(d) a person described in any of paragraphs 4A to 4F of schedule 2 who meets the condition in paragraph 4G of that schedule, or
(e)
(e) a person described in paragraph 13 of schedule 2.”.
(4) In regulation 6 (requirement for travellers to stay in specified premises)—
(a)
(a) in paragraph (1)—
(i) in sub-paragraph (a), for “outside the common travel area” substitute “a non-exempt country or territory”, and
(ii) in sub-paragraph (b)—
(aa) after “within the common travel area” insert “or from an exempt country or territory”, and
(bb) for “been outside the common travel area” substitute “departed from or transited through a non-exempt country or territory”, and
(b)
(b) in paragraph (2)(a) for “arrived in the common travel area” substitute “last departed from or transited through a non-exempt country or territory”.
(5) In regulation 7 (persons not required to comply with regulation 6)—
(a)
(a) in paragraph (b) omit “at a port”,
(b)
(b) after paragraph (ca)—
(i) omit “or”,
(ii) insert—
“(cb)
“(cb) any international elite sportsperson described in paragraph 38 of schedule 2 but only to the extent specified in paragraph 38(4)(a) or any international ancillary sportsperson described in paragraph 38 of that schedule but only to the extent specified in paragraph 38(4)(b),
(cc)
(cc) any person described in paragraph 39 of schedule 2 but only to the extent specified in that paragraph, or”, and
(iii) in paragraph (d) after “schedule 2” insert “(including any person who is a domestic elite sportsperson, or a domestic ancillary sportsperson within the meaning of paragraph 38 of that schedule).
(6) Before schedule 1 insert the schedule 1A (countries and territories) in schedule 1 of these Regulations.
(7) In schedule 1 (passenger information)—
(a)
(a) in paragraph 2(a) at the end insert “(where required to comply with regulation 6)”,
(b)
(b) in paragraph 2(h) and (j)(ii) after “country” insert “or territory”, and
(c)
(c) after paragraph 2(h), insert—
“(ha)
“(ha) any other country or territory they have departed from or transited through in the period beginning with the 14th 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,”.
(8) In schedule 2 (persons not required to comply with regulation 3 or regulation 6)—
(a)
(a) in paragraph 3(1)—
(i) omit “or” after sub-paragraph (a),
(ii) after sub-paragraph (a) insert—
“(aa)
“(aa) has travelled from a point of origin within the common travel area or from an exempt country or territory on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force and that vessel or aircraft has not taken on any persons, docked in any port or landed in any non-exempt country or territory, or”, and
(iii) in sub-paragraph (b), after “Her Majesty’s Naval Service” insert “or by or in support of a visiting force”.
(b)
(b) after paragraph 4 insert—
“4A. (1) A road passenger transport worker.
(2) For the purposes of this paragraph—
(a)
(a) “road passenger transport worker” means—
the driver of a public service vehicle, or
a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/20093of 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
(c)
(c) “public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 19814.
4B. (1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 19955, 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.
(2) For the purposes of sub-paragraph (1) and paragraph 4C—
(a)
(a) “the Maritime Labour Convention, 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation6, and
(b)
(b) “the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation7.
4C. A pilot, as defined in paragraph 22(1) of schedule 3A of the Merchant Shipping Act 19958, 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.
4D. An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995, where they have travelled to the United Kingdom in the course of their work.
4E. Crew, as defined in paragraph 1 of schedule 1 of the Air Navigation Order 20169, where they have travelled to the United Kingdom in the course of their work.
4F. (1) Any of the following who have travelled to the United Kingdom in the course of their work—
(a)
(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)
(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)—
(a)
(a) “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 198710, and
(b)
(b) “tunnel system” has the meaning given in section 1(7) of that Act.
4G. (1) The condition mentioned in regulation 3(4)(d) is that the person has in the course of their work on the journey to Scotland travelled only—
(a)
(a) on a conveyance which does not carry passengers,
(b)
(b) in an area of a conveyance which is not accessible to passengers, or
(c)
(c) in an area of a conveyance which is accessible to passengers in vehicles, where passengers remain within 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 4F(1)(b).”,
(c)
(c) in paragraph 7—
(i) in sub-paragraph (1) omit “or a road passenger transport worker”,
(ii) in sub-paragraph (2) omit the definitions of “public service vehicle” and “road passenger transport worker”,
(d)
(d) omit paragraphs 8, 9, 10 and 11,
(e)
(e) for paragraph 13 substitute—
“13. (1) 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.
(2) For the purposes of sub-paragraph (1) “tunnel system” has the meaning given in section 1(7) of the Channel Tunnel Act 1987.”
(f)
(f) after paragraph 14 insert—
“14A. (1) A government contractor who is contracted to undertake essential or emergency work outside of the United Kingdom, which is certified by the relevant Department as necessary to facilitate essential government work or the conduct of bi-lateral or multi-lateral discussions with another state or international organisation.
(2) For the purposes of sub-paragraph (1), “essential government...
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