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Version Superseded: 18/03/2022
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There are currently no known outstanding effects for the The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021, PART 3.
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7.—(1) In this Part—
“device” means an in vitro diagnostic medical device within the meaning given in regulation 2(1) of the Medical Devices Regulations 2002 M1,
“sensitivity”, in relation to a device, means how often the device correctly generates a positive result, and
“specificity”, in relation to a device, means how often the device correctly generates a negative result.
(2) For the purposes of this Part—
(a)a test is a qualifying test if it complies with regulation 9(1), and
(b)a notification of a negative result is valid if—
[F1(i)it is provided through the EU Digital [F2COVID] Certificate, or
(ii)it includes the information specified in regulation 9(2).]
Textual Amendments
F1Reg. 7(2)(b)(i)(ii) substituted for words in reg. 7(2)(b) (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), 6 (with reg. 16(1))
F2Word in reg. 7(2)(b)(i) substituted (17.12.2021) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 13) Regulations 2021 (S.S.I. 2021/478), regs. 1, 6 (with regs. 14, 15)
Commencement Information
I1Reg. 7 in force at 20.9.2021, see reg. 1(2)
Marginal Citations
M1S.I. 2002/618 to which there are amendments not relevant to these Regulations.
8.—[F3(1) Subject to regulation 10 (persons not required to comply), this regulation applies to a person (“P”) who [F4is—
(a)a red list arrival, or
(b)an arrival who is not an eligible vaccinated arrival.]]
(2) P must possess, on arrival in Scotland, valid notification of a negative test result from a qualifying test taken by P.
(3) Where P is travelling with a child aged [F512] or over and for whom P has responsibility, P must, on arrival in Scotland, possess valid notification of a negative test result from a qualifying test taken by that child.
(4) Where P possesses valid notification of a negative result from a qualifying test, P must produce that notification, physically or digitally, if requested to do so by a constable or an immigration officer.
[F6(5) For the purposes of this regulation, a child is to be treated as possessing a valid notification of a negative test result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.]
Textual Amendments
F3Reg. 8(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, 5 (with reg. 17)
F4Words in reg. 8(1) substituted (7.1.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/2), regs. 1(2), 4 (with reg. 13(1))
F5Word in reg. 8(3) substituted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/455), regs. 1, 3(b) (with reg. 8)
F6Reg. 8(5) inserted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/455), regs. 1, 3(c) (with reg. 8)
Commencement Information
I2Reg. 8 in force at 20.9.2021, see reg. 1(2)
9.—(1) A test complies with this regulation if—
(a)it is a test for the detection of coronavirus undertaken using a device which the manufacturer states has—
(i)a sensitivity of at least 80%,
(ii)a specificity of at least 97%, and
(iii)a limit of detection of less than or equal to 100,000 SARS-CoV-2 copies per millilitre,
(b)it is not a test provided or administered under—
(i)the National Health Service (Scotland) Act 1978 M2,
(ii)the National Health Service Act 2006 M3,
(iii)the National Health Service (Wales) Act 2006 M4, or
(iv)the Health and Personal Social Services (Northern Ireland) Order 1972 M5, and
(c)the test sample is taken from the person no more than [F72] days before—
(i)in the case of that person travelling to Scotland on a commercial transport [F8service—
(aa)which does not involve the person transiting through a country or territory outside the common travel area, the service’s scheduled time of departure,
(bb)which involves the person transiting through a country or territory outside the common travel area, the scheduled time of departure of the first part of the service, or]
(ii)in any other case, the actual time of departure of the vessel or aircraft on which that person is travelling to Scotland.
[F9(1A) For the purposes of sub-paragraph (1)(c), a person transits through a country or territory if they arrive in that country or territory for the sole purpose of continuing a journey to Scotland—
(a)on a conveyance other than the conveyance on which they arrived, or
(b)on the same conveyance, having temporarily disembarked from it.]
(2) Notification of a negative test result must include, in English, French or Spanish, the following information—
(a)the name of the person from whom the sample was taken,
(b)that person's date of birth or age,
(c)the negative result of the test,
(d)the date the test sample was collected or received by the test provider,
(e)the name of the test provider and information sufficient to contact that provider, and
(f)the name of the device that was used for the test.
Textual Amendments
F7Word in reg. 9(1)(c) substituted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/455), regs. 1, 4(a)(i) (with reg. 8)
F8Words in reg. 9(1)(c)(i) substituted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/455), regs. 1, 4(a)(ii) (with reg. 8)
F9Reg. 9(1A) inserted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/455), regs. 1, 4(b) (with reg. 8)
Commencement Information
I3Reg. 9 in force at 20.9.2021, see reg. 1(2)
Marginal Citations
10.—(1) A person (“P”) is not required to comply with this Part where P is—
(a)a child [F10under the age of 12 years],
[F11(b)a person described in any of the following paragraphs of Part 1 of schedule 4 (exemptions: diplomats, Crown servants, visiting forces etc.)—
(i)paragraph 1(2), (3) and (4) (international organisations, foreign representatives, etc.), where prior to P’s arrival in the United Kingdom, the Foreign, Commonwealth and Development Office has confirmed in writing—
(aa)if P is not a specified person, to the stipulated person or person acting on their authority that P is not required to comply with this Part,
(bb)if P is a specified person, to P that P is not required to comply with this Part,
(ii)paragraphs 2, 3 and 4 (border and defence activities),
(iii)paragraphs 5 and 6 (essential government work, etc.) where, prior to P’s arrival in the United Kingdom, the relevant Department or the Scottish Ministers have certified that P—
(aa)meets the description in paragraph 5 or, as the case may be, 6, and
(bb)is not required to comply with this Part,
(c)a person described in Part 2 of schedule 4 (exemptions: transport), other than in paragraph 11 (in-flight security officers),
(d)a person described in Part 5 of schedule 4 (exemptions: healthcare).]
[F12(2) In paragraph 1(b)(i), “specified person” and “stipulated person” have the meanings given in paragraph 1(10) of schedule 4.]
Textual Amendments
F10Words in reg. 10(1)(a) substituted (7.12.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/455), regs. 1, 5 (with reg. 8)
F11Reg. 10(1)(b)-(d) substituted for reg. 10(1)(b)-(f) (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 6(a) (with reg. 19)
F12Reg. 10(2) substituted (11.2.2022 at 4.00 a.m.) by The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022 (S.S.I. 2022/53), regs. 1(2), 6(b) (with reg. 19)
Commencement Information
I4Reg. 10 in force at 20.9.2021, see reg. 1(2)
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