united-kingdom covid-19
Contradiction in UK law respect to PCR tests
<p>In the regulations updated on November 30th, <a href="https://www.legislation.gov.uk/ssi/2021/322/regulation/14" rel="nofollow noreferrer">Scotland emits a document</a> which explains some rules for entering the country, named regulation 14, from which I copy an extract:</p>
<blockquote>
<p>(9) The requirements of this regulation are that—</p>
<p>(a)the test is provided by a public provider, or where P is [F2not a
red] list arrival, a public provider or a private provider, and
[F3(b)the test is a test which complies with paragraph (9A)]</p>
</blockquote>
<p>And this is from the main site, and you can find it almost anywhere else:</p>
<blockquote>
<p>You cannot use an NHS test for your PCR test. You must use a private test provider.</p>
</blockquote>
<p>Is this a contradiction between the law and the way they enforce it?</p>

<blockquote>
<p>Is this a contradiction between the law and the way they enforce it?</p>
</blockquote>
<p>No. The Regulations only permit you to use a PCR test from the NHS (&quot;a public provider&quot;) provided the NHS is willing to process the results. They do not entitle you to use a public provider otherwise. The NHS is not currently set up to process such results in a timely manner, given the pressure it is under. Therefore your only option is to use a private provider.</p>
<p>It is not your automatic right to use the public provider's tests, nor is the public provider required to offer tests. It has seemingly been written to provide flexbility in the event the NHS has breathing room to issue tests and/or prevent judicial review challenges if the Regulations provided exclusive jurisdiction on tests to private providers alone.</p>
<p>The law is still enforced in accordance with what has been written in the Regulations: you are required to obtain a PCR test from a provider. The identity of that provider is irrelevant and in this case, your only option is to obtain the tests privately.</p>
