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

[F1 Interpretation of regulations 7A to 7D S

7E.— (1) In these Regulations—

[F2 “authorised vaccine” means a medicinal product for vaccination against coronavirus which is authorised—

(a)

for supply in the United Kingdom in accordance with a marketing authorisation, or

(b)

by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc.) of the Human Medicines Regulations 2012,]

“an exempt event” is—

(a)

a funeral, marriage ceremony, civil partnership registration, or a reception or gathering which relates to a funeral, marriage ceremony or civil partnership registration,

(b)

a mass participation event such as a marathon, triathlon, or charity walk,

(c)

an event designated by the Scottish Ministers as a flagship event according to criteria, and in a list, published by the Scottish Ministers,

(d)

a showing in a cinema,

(e)

a drive-in event,

(f)

an organised picket,

(fa)

[F3 an organised picket,]

(g)

a public or street market,

(h)

an illuminated trail,

(i)

a work or business conference (not including any peripheral reception or function outside the core hours of the conference, whether or not alcohol is served),

(j)

a business or trade event which is not open to the public for leisure purposes,

(k)

communal religious worship, or

(l)

an unticketed event held at an outdoor public place with no fixed entry points,

[F4 “fully vaccinated” means that a person has—

(a)

completed a first course of an authorised vaccine with the final dose (or, if that course consists of only one dose, the dose) having been received—

(i)

before the start of the period beginning with the 14th day before the date on which they seek to enter the late night premises or relevant event, and

(ii)

no more than 120 days before the date on which they seek to enter the late night premises or relevant event, or

(b)

completed a first course and a subsequent course of an authorised vaccine with the subsequent course dose having been received before the start of the period beginning with the 10th day before the date on which they seek to enter the late night premises or relevant event,]

“late night premises” means any premises at which—

(a)

alcohol is served at any time between 0000 hours and 0500 hours,

(b)

[F5 there is a dancefloor or space where dancing by customers takes place, and]

(c)

live or recorded music for dancing is played,

[F6 “the licensing authority” has the meaning given in regulation 6(2) (the licensing authority and the Ministers) of the Human Medicines Regulations 2012,

“marketing authorisation” has the meaning given to it in regulation 8(1) (general interpretation) of the Human Medicines Regulations 2012,]

[F7 “qualifying test” has the meaning given in paragraph (4),]

“relevant event” is an event, except an exempt event, that is planned on the basis—

(a)

that it will be attended by more than 10,000 people simultaneously,

(b)

that—

(i)

it will take place wholly or mainly indoors,

(ii)

it will be attended by 500 or more people simultaneously (ignoring children under 5 years of age and people working or providing voluntary or charitable services at the event), and

(iii)

not all of those attendees will be seated, or

(c)

that—

(i)

it will take place wholly or mainly outdoors,

(ii)

it will be attended by 4,000 or more people simultaneously (ignoring children under 5 years of age and people working or providing voluntary or charitable services at the event), and

(iii)

not all of those attendees will be seated.

(2) For the purposes of paragraph (1)—

(a) a person (“P”) has completed a [F8 first course of an authorised vaccine] if P has received the complete course of doses specified—

(i) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(ii) in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 (supply in response to spread of pathogenic agents etc.) of the Human Medicines Regulations 2012 for the authorised vaccine,

(b) where a person (“P”) has received a dose of one authorised vaccine and a dose of a different authorised vaccine, P is deemed to have completed a [F9 first course] of an authorised vaccine,

[F10 (c) a person (“P”) has completed a subsequent course of an authorised vaccine if an additional course of an authorised vaccine has, at least 12 weeks after P completed a first course of an authorised vaccine, been administered to P for the purpose of boosting P’s immunity to coronavirus,

(d) a vaccine is not to be considered an authorised vaccine for the purpose of a subsequent course if it is not for the time being in use for this purpose in the United Kingdom].

(3) For the purposes of paragraph (2), “marketing authorisation” has the same meaning as in regulation 3 (interpretation: eligible vaccinated arrivals) of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021.

[F11 (4) A test is a qualifying test if it is capable of detecting the presence of coronavirus, and is—

(a) a polymerase chain reaction test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Services (Northern Ireland) Order 1972, or

(b) a lateral flow test, the results of which have been submitted through the NHS public reporting system.]]

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 Words in reg. 7E(1) substituted (17.1.2022) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/6), regs. 1, 2(3)(a)(i)

F3 Words in reg. 7E(1) 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(5)(a)

F4 Words in reg. 7E(1) substituted (17.1.2022) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/6), regs. 1, 2(3)(a)(ii)

F5 Words in reg. 7E(1) substituted (24.1.2022 at 5.00 a.m.) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2022 (S.S.I. 2022/13), regs. 1, 2(4)

F6 Words in reg. 7E(1) inserted (17.1.2022) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/6), regs. 1, 2(3)(a)(iii)

F7 Words in reg. 7E(1) 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(5)(b)

F8 Words in reg. 7E(2)(a) substituted (17.1.2022) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/6), regs. 1, 2(3)(b)(i)

F9 Words in reg. 7E(2)(b) substituted (17.1.2022) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/6), regs. 1, 2(3)(b)(ii)

F10 Reg. 7E(2)(c)(d) inserted (17.1.2022) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/6), regs. 1, 2(3)(b)(iii)

F11 Reg. 7E(4) 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(6)