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

PART 4 S Testing following arrival in Scotland

Part 4: application and interpretation S

11.— [F1 (1) Subject to paragraph (2) and regulation 18 (persons not required to comply), this Part applies to a person (“P”) who is an arrival.]

(2) Regulations 15 and 16 apply to a person (“P”) who is—

(a) a red list arrival, or

(b) an F2 ... arrival who is not an eligible vaccinated arrival.

(3) For the purposes of this Part—

“day 2 test” means a test which complies with regulation 14(9) and is undertaken in accordance with regulation 14(2),

“day 8 test” means a test provided in a testing package with a day 2 test which complies with regulation 14(9) and is undertaken in accordance with regulation 14(4),

“testing package” means—

(a)

in the case of a red list arrival or an F3 ... arrival who is not an eligible vaccinated arrival, a booking for a day 2 test and a day 8 test,

(b)

in the case of F4 ... an eligible vaccinated arrival, a booking for a day 2 test,

“test provider” means a provider who provides a test in accordance with regulation 14(9).

(4) In regulations 15 and 16, references to sharing designated accommodation means sharing the place where such persons are staying (as defined by regulation 21(3) and (4)).

Textual Amendments

F1 Reg. 11(1) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(1)(a) (with reg. 17)

F2 Words in reg. 11(2)(b) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(1)(b) (with reg. 17)

F3 Words in reg. 11(3) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(1)(c)(i) (with reg. 17)

F4 Words in reg. 11(3) omitted (4.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(1)(c)(ii) (with reg. 17)

Commencement Information

I1 Reg. 11 in force at 20.9.2021, see reg. 1(2)

Requirement to possess testing package S

12.—(1) Where P is an adult, P must, on arrival in Scotland, possess a testing package—

(a) for P, and

(b) for any child aged 11 or over with whom P is travelling and for whom P has responsibility.

(2) Where P is an adult who arrives in Scotland without possessing a testing package in accordance with paragraph (1), P must obtain a testing package as soon as practicable on arrival.

(3) Where P is a child aged 11 or over and who is unaccompanied by an adult who has responsibility for P, a person with responsibility for P must obtain a testing package for P as soon as is practicable after P arrives in Scotland.

(4) A person who possesses a testing package must provide evidence of it if requested to do so by an immigration officer.

(5) Where P is required to comply with Part 5 (managed isolation), P is deemed to have complied with this regulation where P purchases a testing package as part of a managed isolation package in accordance with that Part.

Commencement Information

I2 Reg. 12 in force at 20.9.2021, see reg. 1(2)

Requirement to provide information S

13.—(1) Subject to paragraph (2), at the time the testing package is booked, P must notify the test provider that P is required to undertake the test or tests to which the testing package relates under these Regulations, and provide the test provider with—

(a) P's full name,

(b) P's sex,

(c) P's date of birth,

(d) P's NHS number (if known and applicable),

(e) P's ethnicity,

(f) the date of P's arrival in the United Kingdom,

(g) P's coach number, flight number or vessel name (as appropriate),

(h) the date on which P last departed from or transited through—

(i) a red list country, [F5 or]

[F6 (ii) failing which another country, territory or part of a country or territory which is not in the common travel area,]

(i) the country or territory P was travelling from when P arrived in the United Kingdom, and any country or territory P transited through as part of that journey,

(j) P's email address,

(k) P's telephone number,

(l) P's passport number or travel document reference number (as appropriate), and

(m) P's home address, and, where relevant, the address or addresses of the specified premises where P intends to stay in accordance with Part 6 (self-isolation).

(2) Where P is a child, or a person with a disability who is unable for that reason to provide the notification and information set out or referred to in paragraph (1) to the test provider—

(a) the notification and information set out or referred to in paragraph (1), other than the information set out in paragraph (1)(j) and (k), must be provided to the test provider on P's behalf by another person (“X”), and

(b) either the information set out in paragraph (1)(j) and (k) must be provided by X to the test provider or, where appropriate, X must provide their own telephone number and email address to the test provider.

(3) At the time the testing package is booked, the test provider must give a test reference number to P and, where appropriate, also give that test reference number to X.

(4) For the purposes of paragraphs (2) and (3), where P is a child, “X” means a person who has responsibility for P.

Textual Amendments

F5 Word in reg. 13(1)(h)(i) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(2)(a) (with reg. 17)

F6 Reg. 13(1)(h)(ii) substituted for reg. 13(1)(h)(ii)(iii) (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(2)(b) (with reg. 17)

Commencement Information

I3 Reg. 13 in force at 20.9.2021, see reg. 1(2)

Requirement to undertake tests S

14.—(1) P must undertake the test or tests in their testing package in accordance with this regulation.

[F7 (1A) If a test is to be self-administered, P must undertake a test in accordance with the manufacturer’s instructions for use.]

(2) P must undertake the day 2 test no later than the end of the 2nd day after the day on which P arrived in Scotland.

(3) Where P's day 2 test generates a positive result and P would otherwise be required to take the day 8 test, P is not required to undertake the day 8 test.

(4) Where P is required to undertake the day 8 test, P must undertake that test no earlier than the end of the 7th day after the day on which P arrived in Scotland.

(5) Where P is a child aged 11 or over, any person who has responsibility for P must, so far as reasonably practicable ensure that P undertakes a day 2 test and, where relevant, a day 8 test.

(6) Where P does not undertake either a day 2 test or a day 8 test by reason of a reasonable excuse (see regulation 30), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer apply, undertake a replacement test complying with the requirements of paragraph (9).

(7) Where a replacement test is undertaken instead of—

(a) a day 2 test, P is to be treated as if P had undertaken a day 2 test in accordance with this regulation,

(b) a day 8 test, P is to be treated as if P had undertaken a day 8 test in accordance with this regulation.

(8) Where a test is undertaken by P after this regulation applies, and that test meets the requirements of paragraph (9) and generates a positive result, P is not required to undertake a subsequent day 2 test or day 8 test, as the case may be.

(9) The requirements of this regulation are that—

(a) the test is provided by a public provider, or where P is [F8 not a red] list arrival, a public provider or a private provider, and

[F9 (b) the test is—

(i) where P is a red list arrival or not an eligible vaccinated arrival, a test which complies with paragraph (9A),

(ii) where P is an eligible vaccinated arrival, a test which complies with paragraph (9B).]

[F10 (9A) For the purposes of paragraph (9)(b)(i), a test complies with this paragraph if it is a semi-quantitative test for the detection of coronavirus which targets a minimum of two distinguishable SARS-CoV-2 genes other than the S gene and performance reference controls.

(9B) For the purposes of paragraph (9)(b)(ii), a test complies with this paragraph if—

(a) it is a test for the detection of coronavirus which uses one or more of—

(i) mid-turbinate or anterior nares nasal swabbing,

(ii) tonsillar swabbing,

(iii) saliva,

(b) the test is uniquely identifiable,

(c) the test is provided in accordance with the test manufacturer’s instructions for use including, in particular, instructions as to the target use, target user and target use settings, and

(d) any device used for the purposes of the test can be put into service in accordance with Part 4 of the Medical Devices Regulations 2002, other than solely by virtue of regulation 39(2) of those Regulations.]

(10) In this regulation, “public provider” means a test provider who provides or administers a test under—

(a) the National Health Service (Scotland) Act 1978,

(b) the National Health Service Act 2006,

(c) the National Health Service (Wales) Act 2006, or

(d) the Health and Personal Social Services (Northern Ireland) Order 1972.

(11) In this regulation “private provider” means a day 2 test and a 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 M1 and DHSC guidance, and

(b) is currently on the UK Government published list of private day 2 test and day 8 test providers for persons arriving in England M2 .

Textual Amendments

F7 Reg. 14(1A) inserted (31.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021 (S.S.I. 2021/382), regs. 1(2), 3(2)

F8 Words in reg. 14(9)(a) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(3) (with reg. 17)

F9 Reg. 14(9)(b) substituted (31.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021 (S.S.I. 2021/382), regs. 1(2), 3(3)

F10 Reg. 14(9A)(9B) inserted (31.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021 (S.S.I. 2021/382), regs. 1(2), 3(4)

Commencement Information

I4 Reg. 14 in force at 20.9.2021, see reg. 1(2)

Marginal Citations

M1 S.I. 2021/582. Relevant amending instruments to schedule 8 are S.I. 2021/682, S.I. 2021/865 and S.I. 2021/914.

M2 The list can be accessed through this web-site: https://www.gov.uk/find-travel-test-provider.

Requirement to self-isolate on failure to undertake a test S

15.—(1) Paragraphs (2) to (4) apply where—

(a) either—

(i) P fails to undertake a day 2 test, or

(ii) P's day 2 test generates a negative or inconclusive result, and

(b) P fails to undertake a day 8 test.

(2) Where P is required to comply with Part 5 (managed isolation), P must remain in the accommodation designated as part of P's managed isolation package in accordance with regulation 21 until the end of the 14th day after the day on which P arrived in Scotland.

(3) Where P is required to comply with Part 6 (self-isolation), P must remain in the specified premises in accordance with regulation 26 until the end of the 14th day after the day on which P arrived in Scotland.

(4) Where P is a child, any person who is sharing designated accommodation or specified premises with P must remain in such accommodation or premises until the expiry of the period mentioned in paragraph (2) or (3) (as the case may be).

Commencement Information

I5 Reg. 15 in force at 20.9.2021, see reg. 1(2)

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

I6 Reg. 16 in force at 20.9.2021, see reg. 1(2)

[F11 Eligible vaccinated arrivals: notification of result of self-administered test S

16A.— (1) This regulation applies where P—

(a) is an eligible vaccinated arrival,

(b) undertakes a day 2 test but it is not a test that complies with regulation 14(9A), and

(c) the test is not administered—

(i) by the test provider, or

(ii) at a site operated for the purposes of administering such tests by a test provider.

(2) Subject to paragraph (3), P must provide the test provider with the information set out in paragraph (5) within 15 minutes of the test’s read time as determined by the manufacturer’s instructions for use.

(3) If P is—

(a) a child, or

(b) a person with a disability who is unable for that reason to provide the information to the test provider,

regulation 13(2) and (4) applies instead of paragraph (2).

(4) For the purposes of paragraph (3)—

(a) regulation 13(2) is to be read as if it referred to the information set out in paragraph (5),

(b) regulation 13(2)(b) is to be disregarded.

(5) The information is—

(a) a single photograph clearly showing—

(i) the test device in such a way that it is identifiable as having been provided by the test provider,

(ii) the test reference number provided pursuant to regulation 13(3), and

(iii) the test result, and

(b) the address at which P is able to receive a confirmatory test pursuant to regulation 16B.

Textual Amendments

F11 Regs. 16A, 16B inserted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021 (S.S.I. 2021/382), regs. 1(3), 4

Eligible vaccinated arrivals: confirmatory test S

16B.— (1) This regulation applies where P—

(a) is an eligible vaccinated arrival,

(b) undertakes a day 2 test but it is not a test that complies with regulation 14(9A), and

(c) receives notification that the test has generated a positive result.

(2) P must as soon as reasonably practicable undertake a confirmatory test provided by a public provider.

(3) For the purposes of paragraph (1)(c), a person who self-administers a test is deemed to receive notification of a result in relation to the test when the person determines the result in accordance with the test manufacturer’s instructions for use.]

Textual Amendments

F11 Regs. 16A, 16B inserted (1.11.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021 (S.S.I. 2021/382), regs. 1(3), 4

Charge for testing package S

17.—(1) The Scottish Ministers, or a person designated by the Scottish Ministers, may impose a charge in respect of a testing package provided by a test provider in accordance with regulation 14(9).

(2) The Scottish Ministers—

(a) must publish details of the charges in such manner as they consider appropriate, and

(b) may recover any sum owed by a person pursuant to such a charge as a debt.

Commencement Information

I7 Reg. 17 in force at 20.9.2021, see reg. 1(2)

Part 4: persons not required to comply S

18.—(1)  [F12 A] person (“P”) is not required to comply with this Part where P is—

(a) a child (without prejudice to regulations 12(1)(b) and (3), 13(2), 15 and 16),

(b) a person who—

(i) has arrived from England, and

(ii) is in Scotland, temporarily, for a reason mentioned in regulation 32(2)(a) to (j),

(c) a person who has arrived in Scotland from elsewhere within the common travel area in order to travel immediately onwards to—

(i) another part of the United Kingdom, or

(ii) elsewhere outside of the United Kingdom,

(d) a person who enters the UK for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(i) remains within their port of entry until their departure from Scotland, or

(ii) travels directly from their port of entry to another port of departure in Scotland,

[F13 (da) a person who—

(i) arrives in Scotland on a cruise ship, and

(ii) is due to depart from Scotland on the same cruise ship within 48 hours of their arrival,]

(e) a person described in paragraph 1(1)(a) to (h) or (k) of schedule 4 or a member of the family forming part of their household,

(f) a person described in paragraph 1(1)(i) or (j) of schedule 4 where the conditions in paragraph (2) are met,

(g) a member of the family forming part of the household of a person referred to in sub-paragraph (f) where the Foreign, Commonwealth and Development Office—

(i) has been notified of P's arrival, and

(ii) has confirmed that P is not required to comply with this Part,

(h) a specified person travelling to the United Kingdom to conduct official business with the United Kingdom, where—

(i) P was invited to the United Kingdom by the Secretary of State for Foreign, Commonwealth and Development Affairs, and

(ii) Prior to P's departure to the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing to P that they are travelling to the United Kingdom to conduct official business with the United Kingdom and are not required to comply with this Part,

(i) a member of the family forming part of the household of a person to whom sub-paragraph (h) applies, where—

(i) the Foreign, Commonwealth and Development Office has been notified of P's arrival, and

(ii) the Foreign, Commonwealth and Development Office has confirmed that P is not required to comply with this Part,

(j) a person described in any of the following provisions of schedule 4—

F14 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) paragraphs 2 to 6 (except for [F15 paragraphs 4A and 5(1)(c)]) (Crown servants, government contractors etc.),

(iii) paragraphs 8 to 15 (except for paragraph 11) (transportation),

(iv) paragraphs 17 to 19 (extradition),

(v) paragraph 28 (oil workers),

(vi) paragraph 34 (telecommunications),

(vii) paragraphs 35 or 36 (healthcare and human tissue carriers), or

(viii) paragraph 42 (elite sportspersons).

(2) The conditions referred to in paragraph (1)(f) are that, prior to P's departure to the United Kingdom—

(a) 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 P is required to undertake work in the United Kingdom which is essential to the foreign territory represented by the mission or consular post, the foreign territory represented by the mission or consular post, the foreign territory represented by the office or the British overseas territory, and

(b) the Foreign Commonwealth and Development office has then confirmed in writing to the person giving the confirmation referred to in sub-paragraph (a) that—

(i) it has received that confirmation, and

(ii) P is travelling to the United Kingdom to conduct official business with the United Kingdom and is not required to comply with this Part.

F16 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A word or expression used in this regulation has the same meaning as it has in schedule 4.

Textual Amendments

F12 Word in reg. 18(1) substituted (9.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/357), regs. 1(2), 7(a) (with reg. 16(1))

F13 Reg. 18(1)(da) inserted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(4)(a) (with reg. 17)

F14 Reg. 18(1)(j)(i) omitted (15.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 5) Regulations 2021 (S.S.I. 2021/359), regs. 1(2), 5 (with reg. 14)

F15 Words in reg. 18(1)(j)(ii) substituted (4.10.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/350), regs. 1, 6(4)(b) (with reg. 17)

F16 Reg. 18(3) omitted (9.10.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/357), regs. 1(2), 7(b) (with reg. 16(1))

Commencement Information

I8 Reg. 18 in force at 20.9.2021, see reg. 1(2)