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

[F1 [F2 Requirement to ensure that persons are fully vaccinated, have received appropriate test results, or are otherwise 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,

[F3 (aa) has received a negative result from a qualifying test taken by the person no more than 24 hours before the person enters the premises,]

(b) is under 18 years of age,

[F4 (c) for medical reasons—

(i) cannot be fully vaccinated against coronavirus, and

(ii) cannot undertake a qualifying test,]

(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.

[F5 (7) For the purposes of paragraph (1) a nominated representative of an organisation which has been accredited for admittance to the COP Blue Zone by the UNFCCC Secretariat is, in relation to premises in the COP Green Zone, deemed to comply with paragraph (3)(a).

(8) In this regulation—

“Blue Zone” means the Scottish Event Campus, Exhibition Way, Glasgow G3 8YW,

“Conference of the Parties” means, except in relation to the Kyoto Protocol and the Paris Agreement, the Conference of the Parties to the UNFCCC,

“COP” means the conference convened by the Conference of the Parties, comprising—

(a)

the 26th session of the Conference of the Parties,

(b)

the 16th session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol,

(c)

the third session of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement,

(d)

all related pre-sessional meetings, sessions of subsidiary bodies and additional meetings, convened in the United Kingdom,

“Green Zone” means the Glasgow Science Centre, 50 Pacific Quay, Glasgow G51 1EA,

“Kyoto Protocol” means the Protocol to the UNFCCC signed in Kyoto on 11 December 1997,

“Paris Agreement” means the agreement adopted at the 21st Conference of the Parties of the UNFCCC, signed in Paris on 12 December 2015,

“UNFCCC” means the United Nations Framework Convention on Climate Change adopted in New York on 9 May 1992.

(9) Paragraphs (7) and (8) cease to have effect on 13 November 2021.]]

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))

F2 Reg. 7A heading substituted (6.12.2021 at 5.00 a.m.) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/453), regs. 1, 2(2)(a)

F3 Reg. 7A(3)(aa) inserted (6.12.2021 at 5.00 a.m.) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/453), regs. 1, 2(2)(b)(i)

F4 Reg. 7A(3)(c) substituted (6.12.2021 at 5.00 a.m.) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021 (S.S.I. 2021/453), regs. 1, 2(2)(b)(ii)

F5 Reg. 7A(7)-(9) inserted (temp.) (30.10.2021) by virtue of The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 3) Regulations 2021 (S.S.I. 2021/384), regs. 1, 2(2)