Letter from the Cabinet Secretary for Health and Social Care to the Convener, 29 November 2021
Dear Convener,
I am writing to advise you that the Scottish Ministers have made the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No.10) Regulations 2021 (“the Regulations”) today (29 November 2021), under sections 94(1) and 122(2) of the Public Health etc. (Scotland) Act 2008 (“the 2008 Act”). The Regulations will be laid before the Scottish Parliament on Tuesday 30 November 2021 and will come into force at 04:00 a.m. on 30 November 2021.
Section 122(5) of the 2008 Act states that regulations under section 94(1) are subject to the affirmative procedure. However, section 122(6) provides that the affirmative procedure will not apply if the Scottish Ministers consider that the regulations need to be made urgently. In such situations, section 122(7) applies. Section 122(7) sets out that “emergency regulations” must be laid before the Scottish Parliament and cease to have effect on the expiry of the period of 28 days beginning with the date on which the regulations were made unless, before the expiry of that period, the regulations have been approved by a resolution of the Parliament. In accordance with section 122(6) of the 2008 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.
This instrument makes amendments to the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (“the International Travel Regulations”).
In particular these amendments require that all eligible vaccinated travellers from non-red list countries arriving into Scotland purchase and take a Polymerase Chain Reaction (“PCR”) COVID-19 test by the end of day two following their arrival as opposed to using a Lateral Flow Device (“LFD”) test.
All eligible vaccinated travellers are required to self-isolate at a specified address until the results are known.
If the individual receives a positive result from the PCR test then they must isolate for a full 10 days from the date which they received positive test result. If the individual receives a negative result then they are not required to continue to self-isolate. If the individual receives an inconclusive result, they are required to take a further PCR test.
Stringent testing measures, including a pre-departure test, day 2 PCR test and day 8 PCR test when arriving in Scotland, are retained for non-vaccinated travellers returning from non-red list countries and those arriving from red list countries.
Scottish Ministers consider that these changes require to be made urgently, to ensure that restrictions are introduced in recognition of an increased risk of imported infections and the potential impact this could have on public health within the UK.
We continue to work on a Four Nations basis where possible and appropriate as regards the border measures.
The International Travel Regulations require the Scottish Ministers to keep the necessity for these measures under regular review, and we will do so and keep Parliament updated. As part of the Scottish Government’s commitment to keeping the Scottish Parliament up to date, we wished to inform you as soon as possible of these changes. We regard it as important that those travelling to and from Scotland, as well as the wider travel sector, have as much clarity as is possible regarding their position so that they can make appropriate arrangements.
Humza Yousaf