EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the International Travel Regulations”). They come into force at 4.00 a.m. on 6 September 2021.

Currently the International Travel Regulations provide that coronavirus day 2 and day 8 tests must be carried out by public providers i.e. by the NHS in Scotland, England and Wales, and Northern Ireland. These amendments (regulations 3 and 4) open up those tests to private sector test providers, provided they are on a UK Government published list of day 2 and day 8 test providers for persons arriving in England. To get on the list the providers must self-declare compliance with relevant regulations and Department of Health and Social Care (“DHSC”) guidance. The listed providers are also monitored by DHSC for compliance and if in default removed from the list.

The International Travel Regulations also provide that travellers to Scotland must stay in specified premises. These amendments (regulations 5 to 7) amend an exemption for seasonal agricultural workers in paragraph 37 of schedule 2 of the International Travel Regulations. Unamended the International Travel Regulations make clear that those to whom the exemption applies must self-isolate at the named farm where they will be working after arrival in Scotland. The amendments in these Regulations allow these workers to alternatively self-isolate in other accommodation provided by the farm or employer. The amendments make clear that those workers staying at the alternative accommodation are not permitted to work on the named farm before the end of their isolation.