Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 9, 2021

Official Report 468KB pdf

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Instruments subject to Made Affirmative Procedure

Under agenda item 4, we are considering three made affirmative instruments. An issue has been raised on the following instrument.

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Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No 5) Regulations 2021 (SSI 2021/359)

The instrument makes a number of changes to the principal international travel regulations, which are the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/322), including expanding the criteria for defining “eligible vaccinated arrivals” and amending the exemptions that are in place for diplomatic personnel, their staff and dependents in relation to the 26th United Nations climate change conference of the parties, or COP26.

Regulation 4(d) inserts paragraph (4A) into regulation 3 of the principal regulations. As amended, regulation 3 provides that a person is an eligible vaccinated arrival if, among other things, they are

“a person who, by virtue of a determination made in accordance with ... (i) the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 ... , or (ii) the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ... , is not vaccinated for medical reasons”.

As neither of those sets of regulations makes explicit provision for such a determination to be made, it could be clearer how and by whom an exemption from vaccination on medical grounds is made in accordance with a determination made under either of those sets of regulations.

In written correspondence with the committee, the Scottish Government stated that the position is set out in guidance to which travel operators or persons that are responsible for premises must have regard, and that it considers that the guidance makes clear the process for obtaining and evidencing a medical exemption in accordance with the requirements regulations and the English international travel regulations.

Does the committee nevertheless wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the instrument’s meaning could be clearer as there is no reference to any determination in respect of exemption from vaccination on medical grounds in either of the sets of regulations that are cited in regulation 4(d)?

Members indicated agreement.

Does the committee also wish to call on the Scottish Government to clarify the matter at the next legislative opportunity?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.

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Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No 6) Regulations 2021 (SSI 2021/382)

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Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No 3) Regulations 2021 (SSI 2021/384)

Is the committee content with the instruments?

Members indicated agreement.