This report sets out the COVID-19 Recovery Committee's consideration of Scottish Statutory Instrument (SSI) at its meeting on 23 December 2021. The minutes of the meeting have been published on the Committee's webpages. The Official Report of the meeting will be published on the Committee's webpages in due course.

The Public Health (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 13) Regulations 2021 (SSI 2021/470) were laid on 15 December 2021. The instrument was made in exercise of the power conferred by sections 94(1)(b)(i) and 122(2) of the Public Health etc. (Scotland) Act 2008. The instrument is subject to made affirmative procedure by virtue of section 122(6) of the Act.

The policy note states that—

The overarching policy aim of this instrument is to update Scotland’s approach to international travel by, in this case, removing and lessening the emergency restrictions introduced as a direct result of the emergence of the Omicron variant of COVID-19. These changes are made in recognition of the fact that maintaining them would no longer be a proportionate response.

Amendments to Country Status: This instrument removes countries currently on the “red list”. This instrument removes Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, Zambia and Zimbabwe from the list of acute countries or territories, the “red list”. This has the effect that, from the date the instrument comes into force, there are no acute countries or territories on the “red list”.

Isolation Post Arrival: This instrument also makes a technical amendment to ensure an eligible vaccinated arrival who is a child under 11 years old is able to leave self-isolation if their accompanying adult receives a negative test result from their day 2 PCR test.

The Delegated Powers and Law Reform (DPLR) Committee considered SSI 2021/470 at its meeting on 21 December 2021 and drew the instrument to the attention of the Parliament under the general reporting ground due to a failure to follow proper drafting practice in the title of the instrument. The DPLR Committee also wrote to the Minister for Parliamentary Business to highlight its concerns in relation to the drafting error on 21 December 2021.

At the COVID-19 Recovery Committee's meeting on 23 December 2021, the Deputy First Minister and Cabinet Secretary for COVID Recovery, John Swinney, moved Motion S6M-02630 in his name—That the COVID-19 Recovery Committee recommends that the Public Health (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 13) Regulations 2021 (SSI 2021/470) be approved.