The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021

[F1 Requirement to ensure that persons are fully vaccinated, or exempt, when in certain places S

7A.— (1) The person responsible for premises to which paragraph (2) applies must ensure that there is in operation a reasonable system for—

(a) checking that persons on, or seeking to enter, the premises to which paragraph (2) applies are permitted to be on the premises by paragraph (3), and

(b) removing from, or refusing access to, those premises anyone found by those checks not to be permitted to be on the premises by paragraph (3).

(2) This paragraph applies to—

(a) late night premises between 0000 hours and 0500 hours each day, unless they are being used for a funeral, marriage ceremony, civil partnership registration, or a reception or gathering which relates to a marriage ceremony, civil partnership registration or funeral, and

(b) any premises while a relevant event is taking place at them.

(3) A person is permitted to be on premises for the purposes of paragraph (1) if the person—

(a) is fully vaccinated against coronavirus,

(b) is under 18 years of age,

(c) cannot be fully vaccinated against coronavirus for medical reasons,

(d) is participating in, or has participated in, a trial of a vaccine against coronavirus,

(e) is the person responsible for the premises,

(f) is on the premises to provide a service or activity on behalf of the person responsible for the premises (whether as an employee, volunteer, or otherwise),

(g) is on the premises in the course of the person’s functions as an emergency responder,

(h) is on the premises acting on behalf of a public authority (as construed in accordance with section 6 of the Human Rights Act 1998).

(4) In considering what is a reasonable system for the purposes of paragraph (1), a person must have regard to any guidance issued by the Scottish Ministers.

(5) Guidance issued by the Scottish Ministers for the purpose of paragraph (4) may—

(a) make different provision for different cases or descriptions of case,

(b) incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, a body representing members of an industry or a trade union).

(6) The requirement to have a system in place for the purposes of paragraph (1) includes the requirement to process any data that it is necessary to process for the system to operate.]

Textual Amendments

F1 Regs. 7A-7E inserted (1.10.2021 at 5.00 a.m.) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/349), regs. 1(1), 2(3) (with reg. 1(2))