
1 
These Regulations may be cited as the Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021 and come into force at 4.00 a.m. on 17 May 2021.
2 
The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 are amended in accordance with regulations 3 to 11.
3 
In regulation 5C (testing following arrival in Scotland: general)—
(a) in paragraph (1)—
(i) for “5K”, substitute “5J”,
(ii) omit the “or” before sub-paragraph (b),
(iii) in sub-paragraph (b) insert at the end—“,
(v) paragraph 37 (seasonal agricultural workers) ,”,
(iv) after sub-paragraph (b) insert—“or
(c) subject to regulation 5K (exclusion of certain diplomatic etc. personnel) and paragraph (1A), arrives in Scotland from—
(i) an exempt country or territory, or
(ii) arrives in Scotland from elsewhere within the common travel area, and has within the preceding 10 days departed from or transited through an exempt country or territory”,
(b) after paragraph (1) insert—“
(1A) Regulations 5D to 5J do not apply to any person described in schedule 2 other than a person described in any of the following paragraphs of that schedule—
(a) paragraph 14(1)(c) (persons returning to facilitate diplomatic missions etc.),
(b) paragraphs 18 to 28 (essential infrastructure etc. personnel),
(c) paragraphs 31 to 34 (medical etc. personnel),
(d) paragraphs 35 to 36 (telecoms etc. personnel),
(e) paragraph 37 (seasonal agricultural workers).”,
(c) in paragraph (2)—
(i) in sub-paragraph (a) omit “provided in a package with a day 8 test”,
(ii) for sub-paragraph (c) substitute—“
(c) “testing package” means—
(i) where P is a person referred to in paragraph (1)(a) or (b), a booking for a day 2 test and a day 8 test,
(ii) where P is a person referred in paragraph (1)(c), a booking for a day 2 test,”.
4 
In regulation 5E(1) (testing following arrival in Scotland: obligation to provide information)—
(a) for “a day 2 test and a day 8 test” substitute “the test or tests to which the testing package relates”,
(b) in sub-paragraph (h), for “a” substitute “an exempt or”,
(c) in sub-paragraph (m)—
(i) omit the “or” before head (ii),
(ii) after head (ii) insert—“or
(iii) where P is a person to whom regulation 5C(1)(c) applies, the address of the accommodation where P will be resident at the time they undertake their day 2 test (if different to their home address).”.
5 
In regulation 5F (testing following arrival in Scotland: requirement to undertake tests)—
(a) in paragraph (1) after “undertake the” insert “test or”,
(b) in paragraph (2)(b), for “a” substitute “where P is a person to whom regulation 5C(1)(a) or (b) applies, a”,
(c) for paragraph (3) substitute—“
(3) Where P is a child, any person who has responsibility for P must, so far as reasonably practicable and subject to paragraph (4), ensure that P undertakes—
(a) a day 2 test, and
(b) where P is a person referred to in regulation 5C(1)(a) or (b), a day 8 test.”.
6 
For regulation 5G(1) (testing following arrival in Scotland: requirement to self-isolate on failure to undertake a test) substitute—“
(1) This regulation applies where—
(a) P is a person referred to in regulation 5C(1)(a) or (b) ,
(b) either—
(i) P fails to undertake a day 2 test, or
(ii) P’s day 2 test generates a negative or inconclusive result, and
(c) P fails to undertake a day 8 test.”.
7 
In regulation 5H (testing following arrival in Scotland: consequences of test results) before paragraph (1) insert—“
(A1) this regulation applies to P, where P is a person referred to in regulation 5C(1)(a) or (b).”,
8 
In regulation 6(1) (requirement for travellers to stay in specified premises)—
(a) for sub-paragraph (a) substitute—“
(a) arrives in Scotland from a non-exempt country or territory which is not an acute risk country or territory where P has not, within the preceding 10 days, departed from or transited through an acute risk country or territory , ”,
(b) in sub-paragraph (c)—(aa) for head (i) substitute—“
(i) an acute risk country or territory,”,(bb) in head (ii), for “a non-exempt” substitute “an acute risk”,
(c) in sub-paragraph (e)—(aa) for head (i) substitute—“
(i) an acute risk country or territory,”,(bb) in head (ii), for “a non-exempt” substitute “an acute risk”,
(d) in sub-paragraph (f)—(aa) for head (i) substitute—“
(i) an acute risk country or territory,”,(bb) in head (ii) for “a non-exempt” substitute “an acute risk”.
9 
In regulation 6A(1) (requirement for certain travellers to possess managed self-isolation package)—
(a) for sub-paragraph (a) substitute—“
(a) an acute risk country or territory,”,
(b) in sub-paragraph (b) for “elsewhere” substitute “an exempt country or territory, a non-exempt country or territory which is not an acute risk country or territory or elsewhere”.
10 
In regulation 6B(1) (requirement for certain travellers to stay in managed accommodation)—
(a) in the text before sub-paragraph (a) omit “from”,
(b) for sub-paragraph (a) substitute—“
(a) from an acute risk country or territory, or”,
(c) for sub-paragraph (b) substitute—“
(b) from—
(i) elsewhere within the common travel area,
(ii) a non-exempt country or territory which is not an acute risk country or territory, or
(iii) an exempt country or territory,where P has, at any time in the period beginning with the 10th day before the date of their arrival in Scotland, departed from or transited through an acute risk country or territory.”.
11 
In schedule A1—
(a) in Part 1 (countries, territories, or parts of countries or territories) insert—“
— Australia
— Brunei
— Faroe Islands
— Iceland
— Israel and Jerusalem
— New Zealand
— Portugal
— Singapore”,
(b) in Part 2 (United Kingdom Overseas Territories) insert—“
— Falkland Islands
— Gibraltar
— St Helena, Ascension and Tristan da Cunha
— South Georgia and the South Sandwich Islands”.
12 
In schedule 2 (passenger notices) of the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020—
(a) for Part 1 (essential information to enter the UK), substitute—“
PART 1
Everyone entering the UK (including UK nationals and residents) must provide proof of a negative COVID-19 test taken within 3 days prior to direct departure to the UK.

Fill in your passenger locator form up to 48 hours before arrival. You must declare all countries you have visited or transited through in the 10 days prior to your arrival in the UK on your passenger locator form.

What you have to do after you arrive depends on the countries you have visited or transited through.

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

Red list passengers

Book a Managed Quarantine Package

Complete a passenger locator form

You may not enter the UK unless you are a British or Irish National, or you have residence rights in the UK, or you are eligible for an exemption. You must enter through a designated port of entry and quarantine in a government approved hotel for 10 days.

Amber list passengers

Book tests for day 2 and 8

Complete a passenger locator form

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

Green list passengers

Book a test for day 2

Complete a passenger locator form

These measures apply to all persons (including UK nationals and residents) arriving in the UK from outside the common travel area compromising 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.

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

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

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

Northern Ireland:

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

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.
”,
(b) for Part 2 substitute—“
PART 2The following is a public health message on behalf of the UK’s public health agencies.
If you have been in or transited through an amber or red country within the previous 10 days you must quarantine for the first 10 days after you arrive. This is to protect yourself and others.
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.
Simple measures you can take to help protect yourself and your family are:
Wear a mask
Wash your hands
Avoid touching your face with your hands
Practice social distancing
Catch coughs and sneezes in a tissue and dispose of it immediately.
”.
13 
The amendments made by these Regulations to the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 do not apply in relation to any person who arrived in Scotland during the period beginning 12.01 a.m. on 8 June 2020 and ending immediately prior to the coming into force of these Regulations, and those Regulations continue to apply to such persons as if the amendments made by these Regulations had not been made.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
At 1.03 p.m. on 14th May 2021