The Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 3) Regulations 2022

Amendments to Part 4 (testing following arrival in Scotland)

7.—(1) In regulation 11 (Part 4: application and interpretation)—

(a) for paragraph (1) substitute—

“(1) Subject to regulation 18 (persons not required to comply), this Part applies to a person (“P”) who is—

(a) a red list arrival, or

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

(b) in paragraph (1A)—

(i) at the end of sub-paragraph (a), omit “or”,

(ii) omit sub-paragraph (b),

(c) in paragraph (3), in the definition of “testing package”—

(i) in paragraph (a), omit “or an arrival who is not an eligible vaccinated arrival”,

(ii) for paragraph (b), substitute—

“(b) in other cases, a booking for a day 2 test,”.

(2) In regulation 12(1)(b) (requirement to possess testing package) after “over” insert “who is a red list arrival”.

(3) In regulation 14 (requirement to undertake tests)—

(a) in paragraph (9), for sub-paragraph (b) substitute—

“(b) the test complies with paragraph (9A).”,

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

(c) omit paragraph (9B),

(d) in paragraph (11)—

(i) in the opening words, omit “and a day 8 test”,

(ii) in sub-paragraph (b), omit “and day 8 test”.

(4) Omit regulations 16A (eligible vaccinated arrivals: notification of result of self-administered test) and 16B (eligible vaccinated arrivals: confirmatory test).

(5) In regulation 18 (Part 4: persons not required to comply)—

(a) for paragraph (1)(e) to (j) substitute—

“(e) 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(1) (diplomats, consuls, heads of State etc.),

(ii) 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,

(iii) paragraphs 2, 3 and 4 (border and defence activities),

(iv) 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,

(f) a person described in Part 2 of schedule 4 (exemptions: transport), other than in paragraph 11 (in-flight security officers),

(g) a person described in Part 5 of schedule 4 (exemptions: healthcare).”.

(b) omit paragraph (2),

(c) for paragraph (4) substitute—

“(4) In paragraph 1(e)(ii), “specified person” and “stipulated person” have the meanings given in paragraph 1(10) of schedule 4.”.