The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 13) Regulations 2021

Made: 16th December 2021

Laid before the Scottish Parliament: at 9.30 a.m. on 17th December 2021

Coming into force: 17th December 2021

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

Citation and Commencement

1

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

Amendment of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

2

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

Amendment of regulation 2

3

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

Amendment of regulation 3

4

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

Amendment of regulation 6

5

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

Amendment of regulation 7

6

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

Amendment of regulation 14

7

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

Amendment of regulation 18

8

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

Amendment of regulation 27

9

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

Amendment of schedule 1A

10

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

Amendment of schedule 3

11

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

Amendment of schedule 6

12

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

Amendment of schedule 8

13

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

Savings and transitional provisions

14

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

15

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

Signed

MICHAEL MATHESON — A member of the Scottish Government — 2021-12-16

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (“the International Travel Regulations”) to re-introduce amendments previously made by the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 7) Regulations 2021 (the “Amendment No. 7 Regulations”) which expired on 15 December 2021.

Regulation 4 re-introduces the previous Part 1A and consolidates the previous regulation 3 of the International Travel Regulations, with amendments, which—

• expand the definition of “authorised vaccine” by removing the requirement that it be administered in a relevant country (new regulation 3);

• extend the scope of the scheme to recognise WHO emergency use vaccines;

• insert a new definition of EU Digital Covid Certificate;

• amend provision regarding the proof which may be provided of vaccination status in order to recognise certain certificates issued by a State or District of the USA;

• require persons vaccinated against coronavirus in Guernsey, Jersey, the Isle of Man or any of the United Kingdom Overseas Territories, and their dependents, to satisfy the conditions in new regulation 3B, rather than the conditions in new regulation 3H which apply in relation to the UK vaccine rollout overseas;

• expand the categories of “eligible vaccinated arrival” to include individuals who have participated, or are participating, in phase 2 or 3 of certain clinical trials taking place otherwise than in the United Kingdom or the United States of America (new regulation 3E);

• provide that the clinical exemptions which apply in relation to eligible vaccinated arrivals apply to persons who cannot be vaccinated against coronavirus for medical reasons (new regulation 3F);

• expand the scope of the eligible vaccinated arrival scheme so that all children under the age of 18 will be categorised as eligible, irrespective of vaccine status (new regulation 3G).

Regulation 3 makes consequential amendments following the insertion of new Part 1A.

Regulation 5 amends again the exemptions from the requirement to complete a Passenger Locator Form for certain persons who have travelled to the UK. For persons travelling in the course of their work as a road passenger transport worker, seamen and masters (if travelling to the UK on a vessel in the course of their work), inspectors and surveyors of ships, aircraft crew, and tunnel system transport workers, the exemption will apply whether or not they have been in a red list country or travelled in a passenger carrying conveyance. New exemptions are inserted for passengers transiting through the UK and road haulage workers.

Regulation 7 updates the requirements of the type of test to be taken by persons following their arrival in Scotland.

Regulations 8 and 9 re-amend regulations 18 and 27 of the International Travel Regulations respectively. For the purposes of exemption from Part 4 (testing following arrival in Scotland) and Part 6 (self-isolation) of those Regulations, a person who on arrival in the UK travels onward to another country or territory without passing through border control into the UK are exempt, as well as persons who pass through the border into the UK for the sole purpose of continuing a journey to a country or territory outside the common travel area.

Regulation 10 adds to the list of countries which are “relevant countries” so persons who have a vaccine certificate from those countries can count as “eligible vaccinated arrivals” for the purposes of the International Travel Regulations.

Regulation 11 makes consequential amendments to the passenger information specified in schedule 3 of the International Travel Regulations.

Regulation 12 adds international netball fixtures for the Scottish Thistles Netball Team to the specified competitions in relation to which elite sportspersons (defined in paragraph 42 of schedule 4 of the International Travel Regulations) may be exempt from certain requirements for testing and self-isolation (see regulations 25(1)(e) and 27(1)(h) of the International Travel Regulations).

Regulation 13 corrects a minor printing error introduced into the International Travel Regulations by the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021.

Regulation 14 makes savings provision to the effect that a person arriving in Scotland before these Regulations come into effect must comply with the International Travel Regulations as they had effect at the time of the person’s arrival in Scotland. The amendments made by these Regulations apply only in relation to persons arriving in Scotland at or after 17 December 2021.

Regulation 15 makes savings provision to the effect that anything done or required to be done under the International Travel Regulations as amended by the Amendment No. 7 Regulations which, but for the expiry of the Amendment No. 7 Regulations, would still have had effect on or after the coming into force of these Regulations, is deemed to have been done or required to be done under the International Travel Regulations as amended by these Regulations.

An impact assessment was prepared and has been published online at www.legislation.gov.uk for the Amendment No. 7 Regulations. These Regulations have like effect.

The previous Regulations amending the International Travel Regulations were incorrectly titled the Public Health (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 13) Regulations 2021 (S.S.I. 2021/470), therefore these Regulations are titled “(No. 13)” in the series of amendment Regulations rather than “(No. 14)”.

Footnotes

[^f00001]: 2008 asp 5.

[^f00002]: S.S.I. 2021/322; amending instruments are S.S.I. 2021/328, 2021/343, 2021/350, 2021/357, 2021/359, 2021/382, 2021/425, 2021/440, 2021/441, 2021/443, 2021/454, 2021/455 and 2021/470.

[^f00003]: S.I. 2012/1916.

[^f00004]: S.I. 2004/1031.

[^f00005]: 1989 c. 6. Section 12 was amended by paragraph 22 of schedule 10 of the Reserve Forces Act 1996 (c. 14), by paragraph 30 of schedule 12 of the Government of Wales Act 1998 (c. 38), by paragraph 26 of schedule 8 of the Scotland Act 1998 (c.46), by paragraph 9(3) of schedule 13 of the Northern Ireland Act 1998 (c. 47), by paragraph 9 of schedule 6 of the Police (Northern Ireland) Act 2000 (c. 32), by paragraph 6 of schedule 14 of the Energy Act 2004 (c. 20), by paragraph 58 of schedule 4 of the Serious Organised Crime and Police Act 2005, by paragraph 34 of schedule 10, and paragraph 1 of schedule 12, of the Government of Wales Act 2006 (c. 32), and by paragraph 36 of schedule 8 of the Crime and Courts Act 2013 (c. 22).

[^f00006]: S.I. 2012/1916 was relevantly amended by S.I. 2019/775.

[^f00007]: 2006 c. 41; section 1 was substituted by the Health and Social Care Act 2012 (c. 7), section 1.

[^f00008]: 1978 c. 29.

[^f00009]: 2006 c. 42.

[^f00010]: A list of the national regulatory authorities designated as Stringent Regulatory Authorities has been published by the World Health Organization and is available online at Product-Eligibility_COVAX-Facility_Dec2020_0.pdf (who.int).

[^f00012]: S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

[^f00013]: The current list national regulators designated as Stringent Regulatory Authorities is available here: https://www.who.int/initiatives/who-listed-authority-reg-authorities/SRAs.

[^f00014]: S.I. 2002/618, relevantly amended by S.I. 2019/791 and S.I. 2020/1478.

[^f00015]: ISO standards are published in Geneva by the International Organisation for Standardisation, and are available on their website (www.iso.org) or at ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland. ISO 15189 Medical Laboratories requirements for quality and competence was published in November 2012. ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories was published in November 2017.

[^f00016]: The United Kingdom Accreditation Service is a company limited by guarantee incorporated in England and Wales under number 3076190.

[^f00017]: ILAC is an international organisation which coordinates the work of its signatory national accreditation bodies which are themselves involved in the accreditation of conformity assessment bodies, testing laboratories, and medical testing laboratories.

[^f00018]: EA is a regional organisation which coordinates the work of its signatory national accreditation bodies. EA is recognised by and works closely with ILAC.

[^f00019]: A body corporate established under section 232 of theHealth and Social Care Act 2012 (c. 7).

[^f00020]: Technical briefing documents on novel SARS-CoV-2 variants are published by the UK Health Security Agency and are available online at https://www.gov.uk/government/publications/investigation-of-sars-cov-2-variants-technical-briefings.

[^f00021]: Paragraph 38A was inserted by S.S.I. 2021/350.

Editorial notes

[^key-3e916569333ac962b21521b0c9e6e832]: Regulations revoked (18.3.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Revocation Regulations 2022 (S.S.I. 2022/99), reg. 1(2), sch. (with reg. 3)