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- Point in Time (06/09/2021)
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Version Superseded: 20/09/2021
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There are currently no known outstanding effects for the The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020, Section 5H.
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5H.—[F3(A1) this regulation applies to P, where P is a person referred to in regulation 5C(1)(a) or (b).]
(1) Where a test undertaken by P in accordance with regulation 5F(1) or (3) generates a positive result—
(a)regulation 9(6)(a) or, as the case may be, regulation 9(7)(a) (leaving specified premises or designated accommodation to travel in order to leave Scotland [F4or the common travel area]) do not apply,
(b)P and, subject to paragraph (2), any person who is sharing specified premises or designated accommodation with P must continue to remain in the specified premises or designated accommodation as the case by be, in accordance with regulation 6 or 6B (as the case may be) until the end of the 10th day after the day P undertook the test.
(2) Where a person (“B”) F5... is sharing specified premises or designated accommodation with P, the requirement to remain in such premises or accommodation under paragraph (1)(b) does not apply to B where—
(a)the test referred to in sub-paragraph (1) is P’s day 8 test, and
(b)B undertook a day 2 test that generated a positive result.
[F6(2A) Where an earlier test undertaken by P (after this regulation applies) meets the requirements of regulation 5F(7) 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.
(2B) Where an earlier test undertaken by B (after this regulation applies) meets the requirements of regulation 5F(7) 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 dayafter the day B undertook that earlier test.]
(3) Where P’s day 2 test and day 8 test both generate a negative result, P must remain in the specified premises or designated accommodation (as the case may be) in accordance with the relevant self-isolation provisions until the later of—
(a)the date specified in regulation 6(2)(a) or regulation 6B(2)(a) (as the case may be), or
(b)the day on which P receives the result of their day 8 test.
(4) Where a test undertaken by P generates an inconclusive result, P must remain in the specified premises or designated accommodation (as the case may be) in accordance with the relevant self-isolation provisions—
(a)until the end of the 10th day after the day P undertook the test,
(b)where P undertakes a test to which paragraph (6) 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 P’s arrival in Scotland,
(ii)the day on which P receives the negative result, or
(c)where P undertakes a test to which paragraph (6) applies and the test generates a positive result, until the end of the 10th day after the day P undertook the test.
(5) Where paragraph (4)(c) applies, P is not required to undertake a day 8 test in accordance with regulation 5F(1) or (3).
(6) This paragraph applies to—
(a)a day 8 test,
(b)a replacement test—
(i)complying with the requirements for a day 8 test specified 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 5F, and
(iii)undertaken during the period in paragraph (4)(a).]]
Textual Amendments
F1Pt. 2A inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (S.S.I. 2021/20), regs. 1(2), 3(3) (with reg. 4)
F2Regs. 5C-5K inserted (15.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021 (S.S.I. 2021/74), regs. 1(2), 5 (with reg. 17)
F3Reg. 5H(A1) inserted (17.5.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/208), regs. 1, 7 (with reg. 13)
F4Words in reg. 5H(1)(a) inserted (26.2.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/107), regs. 1(2), 3(c) (with reg. 10)
F5Word in reg. 5H(2) omitted (26.2.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/107), regs. 1(2), 3(d) (with reg. 10)
F6Reg. 5H(2A)(2B) inserted (20.3.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel etc.) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/158), regs. 1, 3(2)
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