
1 
These Regulations may be cited as the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 and come into force at 4.00 a.m. on 7 December 2021.
2 
The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 are amended in accordance with regulations 3 to 7.
3 
In regulation 8 (requirement to possess notification of negative test result)—
(a) in paragraph (1), for “is” where it first appears to the end substitute “is an arrival”,
(b) in paragraph (3) for “11” substitute “12”,
(c) after paragraph (4) insert—“
(5) For the purposes of this regulation, a child is to be treated as possessing a valid notification of a negative test result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.”.
4 
In regulation 9—
(a) in paragraph (1)(c) (qualifying test and valid notification)—
(i) for “3” substitute “2”,
(ii) in head (i) for “service, the service’s scheduled time of departure, or” substitute—“service—(aa) which does not involve the person transiting through a country or territory outside the common travel area, the service’s scheduled time of departure,(bb) which involves the person transiting through a country or territory outside the common travel area, the scheduled time of departure of the first part of the service, or”,
(b) after paragraph (1) insert—“
(1A) For the purposes of sub-paragraph (1)(c), a person transits through a country or territory if they arrive in that country or territory for the sole purpose of continuing a journey to Scotland—
(a) on a conveyance other than the conveyance on which they arrived, or
(b) on the same conveyance, having temporarily disembarked from it.”.
5 
In regulation 10(1)(a) (part 3: persons not required to comply), for “(without prejudice to regulation 8(3))” substitute “under the age of 12 years”.
6 
In regulation 29(1) (part 3 (testing before arrival in Scotland): offences and penalties) after “offence” insert “unless that person is a child””.
7 
In Part 1 of schedule 8 (passenger notices)—
(a) before the paragraph beginning “Fill in your Passenger Locator Form”, insert as a new paragraph—“All 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.”,
(b) in the paragraph headed “Red list passengers (including passengers who are fully vaccinated)”, sub-paragraph 1 is omitted and sub-paragraphs 2 and 3 become sub-paragraphs 1 and 2 respectively,
(c) in the paragraph headed “Unvaccinated passengers or passengers vaccinated with unauthorised vaccines” for the sentences numbered 1, 2 and 3 substitute—“
1. 
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)”,
(d) in the paragraph headed “Fully vaccinated passengers who are not red-list passengers” for the sentences numbered 1, 2 and 3 substitute—“
1. 
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.”.
8 
The amendments made by these Regulations do not apply in relation to any person who arrived in Scotland before 4.00 a.m. on 7 December 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.
MAIRI MCALLAN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th December 2021