The Act: Overview Part 1: Public Health Protection Chapter 1: Modifications of the Public Health etc. (Scotland) Act 2008 Section 2: International travel regulations
31.This section amends section 94 of the 2008 Act, a provision which allows the Scottish Ministers to make regulations to give effect to the International Health Regulations 2005, as well as other international agreements relating to the spread of infectious disease and contamination, so far as they have effect in or as regards Scotland.
32.Subsection (2)(a) expands the scope of the regulation-making power in section 94 to include giving effect to arrangements and recommendations made under international agreements, as well as the agreements themselves. International legal texts (including the International Health Regulations - see for example Article 14 of those Regulations) reference agreements or arrangements. This amendment puts beyond doubt that Scottish Ministers are able to implement both the former and the latter.
33.Subsection (2)(b) inserts further material on what regulations under section 94 may contain, including provision enabling a court to order a person convicted of any offence under the regulations to take or pay for remedial action, provision for the enforcement of restrictions and requirements imposed by virtue of the regulations, and provision for appeals from and reviews of decisions taken by virtue of the regulations.
34.Subsection (2)(c) adds a new restriction on international regulations under section 94: the effect is that they cannot be used to make a person undergo medical treatment (including vaccination). This is the same for public health protection regulations under new section 86A of the 2008 Act, as per new section 86F, both inserted by section 1 of this Act.