The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations (which come into force on 1 October 2021) amend the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (“the principal Regulations”).

Regulation 2(3) inserts new regulations 7A, 7B, 7C, 7D and 7E into the principal Regulations and regulation 2(5)(c) makes provision consequential to the new regulations.

Regulation 7A requires the person responsible for certain premises to have a reasonable system for checking that a person on the premises has been fully vaccinated, subject to specified exemptions.

Regulation 7B requires a person to whom relevant information has been supplied in the course of operating the system required by regulation 7A to treat that information as confidential.

Regulation 7C requires a person to whom the obligation in regulation 7A(1) applies to prepare and maintain a compliance plan describing the system required and any other measures that are in place to prevent, or minimise, the risk of coronavirus being spread on the premises.

Regulation 7D provides that a person who takes steps to prevent the requirement in regulation 7A(1) from applying in relation to that person’s premises does not commit a licensing offence.

Regulation 7E defines terms used in regulations 7A to 7D.

Regulation 2(4) omits Part 3 of the principal Regulations and regulation 2(2) and (5)(b) makes amendments consequential to that omission.

Regulation 2(5)(a) and (6) make minor amendments to regulations 15 and 16 of the principal Regulations.

Regulation 2(7) inserts new regulation 16A into the principal Regulations which provides for a power of entry for persons designated by a local authority for the purposes of enforcing the principal Regulations.