The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment Regulations 2022

JurisdictionScotland
CitationSSI 2022/2

2022 No. 2

Public Health

The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment Regulations 2022

Made 6th January 2022

Laid before the Scottish Parliament 7th January 2022

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 20081and 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.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment Regulations 2022.

(2) Subject to paragraphs (3) and (4), these Regulations come into force at 4.00 a.m. on 7 January 2022.

(3) Regulations 6, 7 and 10 come into force at 4.00 a.m. on 9 January 2022.

(4) Regulation 11 comes into force at 4.00 a.m. on 10 January 2022.

S-2 Amendment of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

Amendment of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021

2. The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 20212are amended in accordance with regulations 3 to 12.

S-3 Amendment of regulation 3

Amendment of regulation 3

3. In regulation 3(1) (interpretation of part), in the definition of “WHO List vaccine”—

(a) for “10, 11 or 13” substitute “10, 11, 12, 13 or 14”,

(b) for “11 November 2021” substitute3“23 December 20213”.

S-4 Amendment of regulation 8

Amendment of regulation 8

4. In regulation 8 (requirement to possess notification of negative test result), in paragraph (1) for “is an arrival” substitute—

is—

(a)

(a) a red list arrival, or

(b)

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

S-5 Amendment of regulation 11

Amendment of regulation 11

5. In regulation 11 (part 4: application and interpretation), after paragraph (1) insert—

S-1A

1A Regulations 15 and 16 apply to a person (“P”) who is—

(a) a red list arrival, or

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

S-6 Amendment of regulation 14

Amendment of regulation 14

6. In regulation 14 (requirement to undertake tests)—

(a) for paragraph (9)(b) substitute—

(b)

(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), or

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

”,

(b) in paragraph (9A) for “paragraph (9)(b)” substitute “paragraph (9)(b)(i)”,

(c) after paragraph (9A) insert—

S-9B

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 20024, other than solely by virtue of regulation 39(2) of those Regulations.

S-7 New regulations 16A and 16B

New regulations 16A and 16B

7. After regulation 16 (consequences of test results), insert—

S-16A

Eligible vaccinated arrivals: notification of result of self-administered test

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

(a)

(a) is an eligible vaccinated arrival,

(b)

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

(c)

(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) a child, or

(b)

(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)

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

(b)

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

(5) The information is—

(a)

(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)

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

S-16B

Eligible vaccinated arrivals: confirmatory test

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

(a)

(a) is an eligible vaccinated arrival,

(b)

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

(c)

(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. In this regulation “public provider” has the same meaning as in regulation 14(10).

(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.

S-8 Amendment of regulation 26

Amendment of regulation...

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