The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021

Cited as:SSI 2021/74
Jurisdiction:Scotland

2021No. 74

PUBLIC HEALTH

The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021

Made14thFebruary2021

Coming into force at 04.00 a.m. on15thFebruary2021

Laid before the Scottish Parliament15thFebruary2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 94(1)(b) and 122(2) of the Public Health etc. (Scotland) Act 2008( 1) (“the 2008 Act”), paragraph 1(1) of schedule 19 of the Coronavirus Act 2020 (“the 2020 Act”)( 2) and all other powers enabling them to do so.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.

The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 122(6) of the 2008 Act and paragraph 6(2) and (3) of schedule 19 of the 2020 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 commencement

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021.

(2) These Regulations come into force at 04.00 a.m. on 15 February 2021.

Interpretation

2. In these Regulations—

“the International Travel Regulations” means the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020( 3).

Amendment of the International Travel Regulations

3. The International Travel Regulations are amended in accordance with regulations 4 to 14.

Amendment of regulation 2

4. In regulation 2 (interpretation)—

(a) after the definition of “information offence”, insert—

““managed self-isolation package” has the meaning given in regulation 6A(6),”, and

(b) after the definition of “Passenger Locator Form”, insert—

““port” means any port (including a seaport, airport or heliport),”.

Insertion of regulations 5C to 5K - testing following arrival in Scotland

5. After regulation 5B (pre-departure testing: offences and penalties), insert—

Testing following arrival in Scotland: general

5C.—(1) Regulations 5D to 5K apply to a person to whom—

(a) regulation 6(2) (requirement to stay in specified premises) or 6B(2) (requirement to stay in managed accommodation) applies, or

(b) subject to regulation 5K (exclusion of certain diplomatic etc. personnel), the provisions mentioned in paragraph (a) do not apply only by virtue of any of the following provisions of schedule 2—

(i) paragraph 14(1)(c) (persons returning to facilitate diplomatic missions etc.),

(ii) paragraphs 18 to 28 (essential infrastructure etc. personnel),

(iii) paragraphs 31 to 34 (medical etc. personnel),

(iv) 35 to 36 (telecoms etc. personnel).

(2) For the purposes of regulations 5D to 5J—

(a) “day 2 test” means a test provided in a package with a day 8 test which complies with regulation 5F(7) and is undertaken in accordance with regulation 5F(2)(a),

(b) “day 8 test” means a test provided in a package with a day 2 test which complies with regulation 5F(7) and is undertaken in accordance with regulation 5F(2)(b),

(c) “testing package” means a booking for a day 2 test and a day 8 test,

(d) “test provider” means a public provider who provides a test in accordance with regulation 5F(7),

(e) “P” means a person to whom regulations 5D to 5J apply by virtue of paragraph 1,

(f) “relevant self-isolation provisions” means—

(i) in relation to those required to comply with regulation 6(2), regulation 6,

(ii) in relation to those required to comply with regulation 6B(2), regulation 6B.

Testing following arrival in Scotland: requirement to book and pay for tests

5D.—(1) Where P is an adult, P must on their arrival in Scotland possess a testing package—

(a) for themselves, and

(b) for any child aged 11 or older with whom they are travelling and for whom they have responsibility.

(2) Where P is an adult who arrives in Scotland without possessing a testing package required under paragraph (1), P must obtain such a testing package as soon as is practicable.

(3) Where P is a child aged 11 or older and who is unaccompanied by an adult who has responsibility for P, an adult with responsibility for P must obtain a testing package 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 by an immigration officer.

Testing following arrival in Scotland: obligation to provide information

5E.—(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 under these Regulations, and provide the test provider with—

(a) their full name,

(b) their sex,

(c) their date of birth,

(d) their NHS number (if known and applicable),

(e) their ethnicity,

(f) the date of their arrival in the United Kingdom,

(g) their coach number, flight number or vessel name (as appropriate),

(h) the date on which they last departed from or transited through a non-exempt country or territory,

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

(j) their email address,

(k) their telephone number,

(l) their passport number, or travel document reference number (as appropriate),

(m) their home address, and—

(i) where P is a person to whom regulation 6(2) applies, the address or addresses of the specified premises in accordance with regulation 6 (if different from their home address), or

(ii) where P is a person to whom regulation 6B(2) applies, the address of the accommodation designated for the purposes of regulation 6A.

(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.

Testing following arrival in Scotland: requirement to undertake tests

5F.—(1) P must undertake the tests specified in paragraph (2) in accordance with this regulation.

(2) The tests specified in this paragraph are—

(a) a day 2 test undertaken no later than the end of the 2nd day after the day on which P arrived in Scotland,

(b) a day 8 test undertaken no earlier than the end of the 7th day after the day on which P arrived in Scotland.

(3) Where P is a child, any person who has responsibility for P must, so far as reasonably practicable and subject to paragraph (4), ensure that P undertakes a day 2 test and a day 8 test.

(4) Where P's day 2 test generates a positive result, P is not required to undertake a day 8 test.

(5) Where P does not undertake a test as required by this regulation by reason of a reasonable excuse (see regulation 5J(3)), P must, as soon as practicable after the matters giving rise to the reasonable excuse no longer pertain, undertake a replacement test complying with the requirements that apply to the test that was missed.

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

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

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

(7) The requirements of this regulation are that—

(a) the test is provided by a public provider,

(b) 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.

(8) In this regulation, “public provider” means a test provider who provides or administers a test under the National Health Service Act 2006( 4), the National Health Services (Wales) Act 2006( 5), the National Health Service (Scotland) Act 1978( 6) or the Health and Personal Social Services (Northern Ireland) Order 1972( 7).

Testing following arrival in Scotland: requirement to self-isolate on failure to undertake a test

5G.—(1) This regulation applies 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 subject to the provisions of regulation 6(2), P must remain in the specified premises under regulation 6 until the end of the 14th day after the day on which they arrived in Scotland.

(3) Where P is subject to the provisions of regulation 6B(2), P must remain in the designated accommodation under regulation 6B until the end of the 14th day after the day on which they arrived in Scotland.

Testing following arrival in Scotland: consequences of test results

5H.—(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) 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...

To continue reading

Request your trial