The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020

Regulation 5A

[F1 SCHEDULE 2A S Testing before arrival in Scotland

Textual Amendments

F1 Sch. 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(10) (with reg. 4)

1.   A test complies with this paragraph if— S

(a) it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—

(i) a sensitivity of at least 80%,

(ii) a specificity of at least 97%, and

(iii) a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,

(b) it is not a test provided or administered under the National Health Service (Scotland) Act 1978, the National Health Service Act 2006, the National Health Services (Wales) Act 2006, or the Health and Personal Social Services (Northern Ireland) Order 1972, and

(c) the test sample is taken from the person no more than 3 days before—

(i) in the case of that person travelling to Scotland on a commercial transport service, the service’s scheduled time of departure, or

(ii) in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to Scotland.

2.   Notification of a negative test result must include, in English, French or Spanish, the following information— S

(a) the name of the person from whom the sample was taken,

(b) that person’s date of birth or age,

(c) the negative result of the test,

(d) the date the test sample was collected or received by the test provider,

(e) the name of the test provider and information sufficient to contact that provider,

(f) the name of the device that was used for the test.

3.   In this schedule, S

“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002,

“sensitivity”, in relation to a device, means how often the device correctly generates a positive result, and

“specificity”, in relation to a device, means how often the device correctly generates a negative result.

4.— (1) The persons referred to in regulation 5A(4)(c) (and not required to comply with that regulation) are— S

(a) a person (“P”) described in—

(i) paragraph 14(1)(b) of schedule 2 where, prior to P’s departure to the United Kingdom, the relevant Department or the Scottish Ministers have certified that they meet this description and are not required to comply with regulation 5A, or

(ii) paragraph 14A of schedule 2 where, prior to P’s departure to the United Kingdom, the relevant Department or the Scottish Ministers have also certified that they are not required to comply with regulation 5A,

(b) a Crown servant or government contractor (“C”) who is required to undertake essential policing or essential government work in the United Kingdom or is returning from conducting such work outside the United Kingdom where, prior to C’s departure to the United Kingdom, the relevant Department or the Scottish Ministers have certified that they meet this description and are not required to comply with regulation 5A,

(c) a representative (“R”) of a foreign country or territory, or of the government of a British overseas territory, travelling to the United Kingdom to conduct official business with the United Kingdom where, prior to R’s departure to the United Kingdom—

(i) the relevant head of the mission, consular post, or office representing a foreign territory in the United Kingdom, or a Governor of a British overseas territory (as the case may be), or a person acting on their authority, confirms in writing to the Foreign, Commonwealth and Development Office that R is required to undertake work which is essential to the foreign country represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(ii) the Foreign, Commonwealth and Development Office has then confirmed in writing to the person giving the notification in sub-head (i) that—

(aa) it has received that confirmation, and

(bb) R is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with the requirements of regulation 5A,

(d) a worker with specialist technical skills, where those specialist technical skills are required for emergency works or services (including commissioning, maintenance, and repairs and safety checks) to ensure the continued production, supply, movement, manufacture, storage or preservation of goods or services, where they have travelled to the United Kingdom in the course of their work or otherwise to commence or resume their work.

(2) In sub-paragraph (1)—

“consular post” has the meaning given in paragraph 1(3) of schedule 2, and

“Crown servant”, “essential government work”, “essential policing” and “government contractor” have the meanings given in paragraph 14(2) of schedule 2.]