The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 3) Regulations 2021

Scottish Statutory Instruments

2021 No. 384

Public Health

The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 3) Regulations 2021

Approved by the Scottish Parliament

Made

at 11.42 a.m. on 29th October 2021

Laid before the Scottish Parliament

at 3.00 p.m. on 29th October 2021

Coming into force

30th October 2021

The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 2020(1) (“the Act”) and all other powers enabling them to do so.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.

The Scottish Ministers consider that the requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by, a resolution of the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 3) Regulations 2021 and come into force on 30 October 2021.

Amendment of the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021

2.—(1) The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021(2) are amended in accordance with paragraph (2).

(2) In regulation 7A (requirement to ensure that persons are fully vaccinated, or exempt, when in certain places) after paragraph (6) insert—

“(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(3),

“Paris Agreement” means the agreement adopted at the 21st Conference of the Parties of the UNFCCC, signed in Paris on 12 December 2015(4),

“UNFCCC” means the United Nations Framework Convention on Climate Change adopted in New York on 9 May 1992(5).

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

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 11.42 a.m. on 29th October 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (“the principal Regulations”).

Regulation 2 inserts new paragraphs (7) to (9) into regulation 7A (requirement to ensure that persons are fully vaccinated, or exempt, when in certain places) of the principal Regulations. Paragraph (7) provides that persons whose organisation has been accredited for entry to the Scottish Event Campus (the Blue Zone) during COP 26 by the United Nations Framework Convention on Climate Change will be able to access the Glasgow Science Centre (the Green Zone) during the period of the event (31 October to 12 November inclusive). This is because those persons will be deemed to be fully vaccinated against coronavirus for the purposes of regulation 7A(1) of the principal Regulations. Paragraph (8) contains definitions which are relevant for the purposes of paragraph (7). Paragraph (9) provides that paragraphs (7) and (8) cease to have effect on 13 November 2021.

(1)

2020 c. 7.

(2)

S.S.I. 2021/277, as relevantly amended by S.S.I. 2021/349.

(3)

Cm. 6485.

(4)

Cm. 9338.

(5)

Cm. 2833.