Scotland Yard said in a statement on Oct. 15 that relevant legal restrictions on self-isolation had come into force after her test.
The Met police said that they had referred the case to Police Scotland.
Police Scotland responded with a brief statement, saying, “We will now assess the circumstances and consult with the Crown Office and Procurator Fiscal Service before taking a decision on next steps.”
England and Scotland have enacted different regulations in their attempts to restrict the spread of the CCP virus, commonly referred to as the coronavirus.
Ferrier, who is the MP for Rutherglen and Hamilton West was tested on Sept. 26 in Scotland due to a “tickly throat.”
While she waited for her results, she reportedly attended a local church. She then took the train to London, where she spoke in the House of Commons that evening shortly before learning of her positive test.
The Met police said that they had investigated whether her subsequent train journey back to Glasgow breached the requirement in law to self-isolate: namely Reg. 11(2) of the Health Protection Regulations 2020.
“On detailed examination of this new legislation, and following legal advice, it was concluded that this regulation is applicable only after the 28th September 2020,” said the Met statement. “In this case the test occurred prior to the 29th September 2020 and therefore the regulation does not apply.”
Ferrier was expelled from the Scottish National Party for her actions but has rejected the calls for her to step down as a Member of Parliament.
“I want to continue to represent my constituents,” she said in an interview with the Sun on Sunday.
She admitted it had been “a serious error of judgment” but said she wanted to continue serving her constituents.
She said that the regulations “have changed and have been so muddled” in recent months, and appeared to suggest that the virus had made her act out of character. “You’re not thinking straight. At that moment, when I thought it would come back negative and it was positive, I was utterly shocked.”
But Ferrier could yet be forced to step down as a lawmaker.
Some MPs have suggested that Ferrier should now face a parliamentary inquiry, which could result in her suspension.
If that suspension passes the 14-day benchmark, it triggers the Recall of MPs Act. Under the act, if 10 percent of constituents sign a petition, a by-election is triggered.