2021 No. 301
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2021
Approved by the Scottish Parliament
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b)(i) and 122(2)(b) of the Public Health etc. (Scotland) Act 2008 M1, and all other powers enabling them to do so.
In accordance with section 122(6) of that Act, the Scottish Ministers consider that these Regulations need to be made urgently, without a draft having been laid before, and approved by resolution of, the Scottish Parliament.
Citation and CommencementI11
These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2021 and come into force at 4.00 a.m. on 6 September 2021.
Amendment of the Health Protection (Coronavirus)(International Travel) (Scotland) Regulations 2020I22
The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 M2 are amended in accordance with regulations 3 to 7.
I33
In regulation 5C (testing following arrival in Scotland: general) in paragraph (2)(d) omit “public”.
I44
In regulation 5F (testing following arrival in Scotland: requirement to undertake tests)—
a
in paragraph (7)(a) after “public provider,” insert “
or where P is a person to whom regulation 5C(1)(c) or regulation 6(1)(a) or (b) applies, a private provider
”
,
b
after paragraph (8) insert—
9
In this regulation, “private provider” means a day 2 and day 8 test provider, other than a public provider, who:—
a
has made a self-declaration to the Department of Health and Social Care that the provider meets the minimum standards that private sector providers must meet for coronavirus tests for persons arriving in England in terms of schedule 8 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 M3 and DHSC guidance, and
b
is currently on the UK Government published list of private day 2 and day 2 test providers for persons arriving in England M4.
I55
In regulation 6 (requirement for travellers to stay in specified premises), for paragraph (5) substitute—
5
Where P is a person described in paragraph 37 of schedule 2, paragraph (3)(a)(i) applies with the modification that the address at which P intends to stay for the purposes of regulation 6(2) must be—
a
the named farm (within the meaning of paragraph 37 of schedule 2), or
b
where it is not possible for P to stay at the named farm, the accommodation which the employer or farming enterprise concerned has provided or arranged for P for the purposes of regulation 6(2).
I66
In regulation 7(1) (persons not required to comply with regulation 6), for sub-paragraph (ca) substitute—
ca
any person described in paragraph 37 of schedule 2, but only—
i
if the person is staying at the named farm, within the meaning of that paragraph (and not in any other accommodation mentioned in regulation 6(5)), and
ii
while the person is carrying out the work or activities specified in that paragraph in fields or other property under the control of the farming enterprise,
I77
In paragraph 37 of schedule 2 (seasonal work)—
a
in sub-paragraph (1), omit “, but only to the extent specified in sub-paragraph (3)”,
b
omit sub-paragraph (3).
2008 asp 5.