
1 

(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 5) Regulations 2021.
(2) These Regulations come into force at 4.00 a.m. on 15 October 2021.
2 
The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 are amended in accordance with regulations 3 to 13.
3 
In regulation 2(1) (interpretation: general), after the definition of “coronavirus disease” insert—“
 “COVID-19 vaccination eligibility criteria” means the conditions in any of paragraphs (2) to (7) of regulation 3,”.
4 
In regulation 3 (interpretation: eligible vaccinated arrivals)—
(a) in paragraph (2)(f), for the words “has completed a course of doses of an authorised vaccine” substitute “meets the COVID-19 vaccination eligibility criteria”,
(b) in paragraph (3)(c), for the words “has participated, or is participating, in such a trial” substitute “meets the COVID-19 vaccination eligibility criteria”,
(c) in paragraph (4)(c), for the words “has completed a course of doses of an authorised vaccine” substitute “meets the COVID-19 vaccination eligibility criteria”,
(d) after paragraph (4), insert—“
(4A) P—
(a) is a person who, by virtue of a determination made in accordance with—
(i) the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021, or
(ii) the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021,
is not vaccinated for medical reasons,
(b) is able to provide proof of such a determination if requested to do so by an immigration officer or the operator of the relevant service on which P travels to Scotland, and
(c) has declared on P’s Passenger Locator Form that P meets the COVID-19 vaccination eligibility criteria.”,
(e) in paragraph (6)(c), for the words “has completed a course of doses of a vaccine as described in sub-paragraph (a)” substitute “meets the COVID-19 vaccination eligibility criteria”.
5 
In regulation 18 (part 4: persons not required to comply), in paragraph (1)(j), omit head (i).
6 
In regulation 27 (part 6: persons not required to comply), after paragraph (1) insert—“
(1A) The full or partial disapplication of the requirement to comply with regulation 26 that is provided for in paragraph (1)(e) and (ea) does not apply to a person who is both—
(a) a red list arrival, and
(b) described in paragraph 1(1)(a) to (h) or (k) of schedule 4 or a person who is a member of the family forming part of the household of a person described in paragraph 1(1)(a), (b) or (h) of schedule 4.”.
7 
In regulation 33 (powers of direction and removal), in paragraph (2), at the end insert “or to whom paragraph 1(3) and (4) or paragraph 1(8) of schedule 5A applies”.
8 
In regulation 42 (requirements to ensure passengers have completed a passenger locator form)—
(a) in paragraph (4)(a) and (b), for “is an eligible vaccinated arrival” substitute “meets the COVID-19 vaccination eligibility criteria”,
(b) in paragraph (9), after “(4)(b) and (d)” insert “, (4A)(b)”.
9 
In schedule 3 (passenger information), in paragraph 2, omit sub-paragraph (f).
10 
In schedule 4 (exemptions), in paragraph 1—
(a) in sub-paragraph 1(1), in the opening words, for the words “described in sub-paragraph (3)” substitute “to whom paragraph 1(3) and (4) or paragraph 1(8) of schedule 5A applies”,
(b) in sub-paragraph (1)(h), omit “described in head (a) or (b) who is”,
(c) in sub-paragraph (2)(a)—
(i) in the opening words, omit “or conference”,
(ii) in sub-paragraph head (i)(aa), omit “mission, consular post,” and “conference, or office,”,
(d) omit sub-paragraph (3),
(e) in sub-paragraph (5) the following definitions are omitted—
(i) the definition of “registered participant”,
(ii) the definition of “relevant international event”,
(iii) the definition of “relevant person”.
11 
In schedule 5A (application of regulations to COP 26 participants)—
(a) in paragraph 2(1), omit sub-paragraph (a),
(b) in the following paragraphs, for the words “described in paragraph 1(3) of schedule 4, who is attending the COP” substitute “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”—
(i) paragraph 3(1)(b),
(ii) paragraph 4(1)(b),
(iii) paragraph 5(1)(b),
(iv) paragraph 6(1)(b),
(c) in the following paragraphs, omit the words “notwithstanding regulation 6(1),”—
(i) paragraph 3(3)(a),
(ii) paragraph 4(2)(a),
(iii) paragraph 5(2)(b),
(iv) paragraph 6(2)(a).
12 
In schedule 7 (operators: required information), in paragraph 2(b), omit head (iii).
13 
In schedule 10 (transitional provisions), in paragraph 11, after “paragraph 1(3)(d) of schedule 4” insert “or, as the case may be, paragraph 1(4)(b) or (8)(d) of schedule 5A”.
14 
The amendments made by these Regulations do not apply in relation to any person who arrived in Scotland before 4.00 a.m. on 15 October 2021, and the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 continue to apply to such persons as if the amendments made by these Regulations had not been made.
BEN MACPHERSON
Authorised to sign by the Scottish Government
St Andrew’s House,
Edinburgh
At 12.45 p.m. on 14th October 2021