2021 No. 382
The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021
Approved by the Scottish Parliament
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b)(i) and 122(2) of the Public Health etc. (Scotland) Act 20081, 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 commencement1
1
These Regulations may be cited as the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021.
2
Subject to paragraph (3), these Regulations come into force at 4.00 a.m. on 31 October 2021.
3
Regulations 4 and 5 come into force at 4.00 a.m. on 1 November 2021.
Amendment of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 20212
The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 20212 are amended in accordance with regulations 3 to 7.
Amendment of regulation 143
1
Regulation 14 (requirement to undertake tests) is amended in accordance with paragraphs (2) to (4).
2
After paragraph (1), insert—
1A
If a test is to be self-administered, P must undertake a test in accordance with the manufacturer’s instructions for use.
3
For paragraph (9)(b), substitute—
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).
4
After paragraph (9), insert—
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 20023, other than solely by virtue of regulation 39(2) of those Regulations.
New regulations 16A and 16B4
After regulation 16 (consequences of test results), insert—
Eligible vaccinated arrivals: notification of result of self-administered test16A
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.
Eligible vaccinated arrivals: confirmatory test16B
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.
Amendment of regulation 305
In regulation 30(1) (Part 4: offences and penalties)—
a
omit “or” after sub-paragraph (b),
b
after sub-paragraph (c), insert—
d
regulation 16A(2) (notification of self-administered test),
e
regulation 16B(2) (confirmatory test).
Amendment of schedule 16
In schedule 1 (red list countries) omit—
a
“Colombia”,
b
“Dominican Republic”,
c
“Ecuador”,
d
“Haiti”,
e
“Panama”,
f
“Peru”,
g
“Venezuela”.
Amendment of schedule 1A7
In schedule 1A (relevant countries) in the appropriate places in alphabetical order insert—
Angola
Anguilla
Argentina
Armenia
Azerbaijan
Belize
Bermuda
Botswana
Cambodia
Cayman Islands
Costa Rica
Djibouti
Eswatini
Gibraltar
Guyana
Honduras
Lebanon
Lesotho
Madagascar
Mauritius
Mongolia
Nepal
Occupied Palestinian Territories
Panama
Peru
Rwanda
Seychelles
Sierra Leone
Sri Lanka
Suriname
Tanzania
Trinidad and Tobago
Tunisia
Uganda
Uruguay
(This note is not part of the Regulations)