The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

Consequences of test results S

16.—(1) Where a test undertaken by a person (“P”) in accordance with regulation 14(2) or (4) generates a positive result—

(a) P no longer has a defence under—

(i) regulation 31(3)(a), where P is required to comply with Part 5, or

(ii) regulation 32(2)(a), where P is required to comply with Part 6, and

(b) P and, subject to paragraph (2), any person who is sharing designated accommodation or specified premises with P (“B”), must remain in that accommodation or premises in accordance with regulation 21 or 26 (as the case may be) until the end of the 10th day after the day P undertook the test.

(2) Paragraph (1)(b) does not apply to B where—

(a) the test referred to in paragraph (1) is P's day 8 test, and

(b) B undertook a day 2 test that generated a positive result.

(3) Where an earlier test undertaken by P after this regulation applies meets the requirements of regulation 14(9) and generates a positive result, the requirement for P to remain in such premises or accommodation under paragraph (1)(b) only applies until the end of the 10th day after the day P undertook that earlier test.

(4) Where an earlier test undertaken by B after this regulation applies meets the requirements of regulation 14(9) and generates a positive result, the requirement for B to remain in such premises or accommodation under paragraph (1)(b) only applies until the end of the 10th day after the day B undertook that earlier test.

(5) Where P's day 2 test and P's day 8 test both generate a negative result, P must remain in the designated accommodation or specified premises until—

(a) the later of—

(i) the date specified in regulation 21(1), where P is required to comply with Part 5, or

(ii) the date specified in regulation 26(2), where P is required to comply with Part 6, or

(b) the day on which P receives the result of P's day 8 test.

(6) Subject to regulation 15, where a test undertaken by P generates an inconclusive result, P must remain in the designated accommodation or specified premises until—

(a) the end of the 10th day after the day P undertook the test,

(b) where P undertakes a test to which paragraph (8) applies and the test generates a negative result, the later of—

(i) the end of the period of 10 days beginning with the day after the day of P's arrival in Scotland, or

(ii) the day on which P receives the negative result, or

(c) where P undertakes a test to which paragraph (8) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.

(7) Where paragraph (6)(c) applies, P is not required to undertake a day 8 test.

(8) This paragraph applies to—

(a) a day 8 test, and

(b) a replacement test—

(i) complying with the requirements for a day 8 test other than the requirement that the test be administered or provided to P no earlier than the beginning of the 7th day after the day on which P arrived in Scotland,

(ii) undertaken in the circumstances specified in regulation 14, and

(iii) undertaken during the period referred to in paragraph (6)(a).

Commencement Information

I1 Reg. 16 in force at 20.9.2021, see reg. 1(2)