PART 4Taking preventative measures in regulated premises
F1Specific measures applicable to F3specified hospitality and entertainment venues and premises at which specified events are held16A
1
Where regulation 16(1) applies to a person responsible for premises described in paragraph (2), the reasonable measures to be taken by the responsible person under Step 3 of that regulation must include measures to ensure that a person aged 18 or over is only permitted to be present on the premises if the person possesses evidence—
a
complying with the requirements in paragraph (6), that the person has completed a course of doses of an authorised vaccine,
b
that the person has participated in, or is participating in, a clinical trial, within the meaning of regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004, of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of those Regulations, F22or
c
of a negative result from a qualifying test taken by the person no more than 48 hours before the person enters the premises, F23...
F24d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The premises referred to in paragraph (1) are—
a
premises that meet all of the following conditions—
i
the premises are authorised for the sale or supply of alcohol,
ii
the premises provide live or recorded music for members of the public or members of the venue to dance, including nightclubs, discotheques and dance halls, and
iii
the premises are open at any time between midnight and 5.00 a.m. (however where this condition is met, the requirement in paragraph (1) applies to the premises at any time they are open, subject to paragraph (3)(a) or (e));
b
premises at which an event is taking place and more than 10,000 people are in attendance at any time;
c
premises at which an event is taking place to any extent indoors, where—
i
more than 500 people are in attendance at any time, and
ii
not all the persons attending the event are normally seated during the event;
d
premises at which an event is taking place outdoors, where—
i
more than 4,000 people are in attendance at any time, and
ii
not all the persons attending the event are normally seated during the event.
F4e
a cinema, other than a drive-in cinema;
f
a concert hall or theatre, other than a drive-in theatre.
3
But paragraph (1) does not apply to premises—
a
of a kind described in paragraph (2)(a) at any time when music is not being provided for members of the public or members of the venue to dance;
b
at which an event is held outdoors, where—
i
a person is not required to obtain a ticket or pay a fee in order to gain entry to the event, and
ii
there are two or more points of entry for persons attending the event;
c
at which a protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, is being held;
d
at which a mass participation sporting event is being held outdoors, such as a marathon, cycling race or triathlon;
e
used for the celebration of—
i
a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony, or
ii
the life of a deceased person,
at any time when they are used for any of those purposes.
4
In paragraph (1) the reference to a person aged 18 or over does not include a person working or providing voluntary services at the premises.
5
For the purposes of paragraph (2)(b) to (d), a person working, or providing voluntary services at the event, is not to be treated as being in attendance at the event.
5A
For the purposes of paragraph (2)(c), a person participating in a religious service in premises ordinarily used as a place of worship is to be treated as being normally seated.
6
For the purposes of paragraph (1)(a), the evidence that a person has completed a course of doses of an authorised vaccine must—
a
show that—
F7i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
the day on which the person enters the premises is more than 14 days after the day on which the person completed that course of doses;
b
in relation to a course of doses of vaccines administered in the United Kingdom, be provided to the person by or on behalf of the Government of the United Kingdom, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department (including by means of letter, text message, e-mail, the NHS COVID Pass website or the NHS smartphone app developed and operated by the Secretary of State);
c
in relation to a course of doses of vaccines administered F8otherwise than in the United Kingdom, be the EU digital COVID certificate, F9a certificate of COVID-19 records issued by an approved third country or territory, the Centers for Disease Control and Prevention vaccination card, F10a North American Certificate or a vaccine certificate relating to the person.
F257
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118
For the purposes of this regulation, where a person has received a course of doses that consists of one dose of an authorised vaccine under the United Kingdom vaccine roll-out overseas and one dose of an authorised vaccine otherwise than under the United Kingdom vaccine roll-out overseas, the person is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.
9
For the purposes of this regulation—
a
a test is a qualifying test if it is capable of detecting the presence of coronavirus, and is—
i
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 Social Services (Northern Ireland) Order 1972, or
ii
a lateral flow test, the results of which may be submitted through the NHS public reporting system
F12b
a person has completed a course of doses if—
i
the person has received the complete course of doses specified—
aa
in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or
bb
in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 for the authorised vaccine F14...
ii
the person has received a dose of one authorised vaccine and a dose of a different authorised vaccine F15, or
F13iii
the person has received at least two doses of any vaccine referred to in paragraph (iv) of the definition of authorised vaccine in paragraph (10)(a);
c
in relation to a course of doses administered under the United Kingdom vaccine roll-out overseas, a person has completed the course of doses if—
i
the person has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine, or
ii
the person has received a dose of one vaccine and a dose of a different vaccine.
10
In this regulation—
a
“authorised vaccine” means a medicinal product for vaccination against coronavirus F16...—
i
in relation to doses received in the United Kingdom F20, authorised—
aa
for supply in the United Kingdom in accordance with a marketing authorisation, or
bb
by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012;
ii
in relation to doses received in a relevant country listed in the first column of the table in paragraph (11), F21authorised for supply in that country following evaluation by the relevant regulator for the country;
F17iii
in relation to doses received in any other country or territory (including a relevant country listed in paragraph (12)), which would be authorised as provided for in paragraph (i)(aa) or (bb) if the doses were received in the United Kingdom;
iv
in relation to doses received in any country in the world, those vaccines which are—
aa
listed in lines 10, 11 or 13 of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on 11 November 2021, and
bb
authorised or certified in a regulated country listed in paragraph (12);
F18aa
“EU Digital COVID Certificate” means a certificate of COVID-19 records issued by an EEA state, a member State of the European Free Trade Association, Andorra, Monaco, San Marino or the Vatican City State;
b
“the licensing authority” has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012;
c
“marketing authorisation” means—
i
in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;
ii
in relation to a vaccine authorised for supply in a relevant country listed in the first column of the table in paragraph (11) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;
F19ca
“North American Certificate” means—
i
Excelsior Pass Plus (New York);
ii
Digital COVID-19 Vaccine Record (California);
iii
WA Verify (Washington state);
d
“relevant country” means a country listed in the first column of the table in paragraph (11) or a country or territory listed in paragraph (12);
e
“relevant regulator” in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (11), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;
f
“United Kingdom vaccine roll-out overseas” means the administration of vaccine against coronavirus to—
i
Crown servants (within the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989), government contractors (within the meaning given in section 12(2) of the Official Secrets Act 1989) or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,
ii
residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government, or
iii
military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.
g
“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of Australia, Canada or a relevant country listed in paragraph (12) which contains—
i
the person’s full name;
ii
the person’s date of birth;
iii
the name and manufacturer of the vaccine that the person has received;
iv
the date that the person received each does of the vaccine;
v
details of either the identity of the issuer of the certificate or the country of vaccination, or both.
11
The table referred to in the definitions of “relevant country” and “relevant regulator” follows—
Relevant country | Relevant regulator |
---|---|
a member State | European Medicines Agency |
Andorra | European Medicines Agency |
Australia | The Therapeutic Goods Administration |
Canada | Health Canada |
Iceland | European Medicines Agency |
Liechtenstein | European Medicines Agency |
Monaco | European Medicines Agency |
Norway | European Medicines Agency |
San Marino | European Medicines Agency |
Switzerland | Swissmedic |
the United States of America | United States Food and Drug Administration |
Vatican City State | European Medicines Agency |
12
The countries and territories referred to in the definition of “relevant country” are—
Albania
F2Angola
F2Anguilla
Antigua and Barbuda
F2Argentina
F2Armenia
F2Azerbaijan
The Bahamas
Bahrain
Bangladesh
Barbados
F6Belarus
F2Belize
F2Bermuda
F6Bolivia
Bosnia and Herzegovina
F2Botswana
Brazil
F2British Antarctic Territory
F2British Indian Ocean Territory
F2British Virgin Islands
Brunei
F2Cambodia
F2Cayman Islands
Chile
Colombia
F2Costa Rica
F6Democratic Republic of the Congo
F2Djibouti
Dominica
F6Dominican Republic
F6Ecuador
Egypt
F2Eswatini
F2Falkland Islands
Georgia
Ghana
F2Gibraltar
Grenada
F2Guernsey
F2Guyana
F2Honduras
Hong Kong
India
Indonesia
F2Isle of Man
Israel
Jamaica
Japan
F2Jersey
Jordan
Kenya
Kosovo
Kuwait
F6Laos
F2Lebanon
F2Lesotho
F6Libya
F2Madagascar
F6Malawi
Malaysia
Maldives
F2Mauritius
Moldova
F2Mongolia
Montenegro
F2Montserrat
Morocco
F6Mozambique
Namibia
F2Nepal
New Zealand
Nigeria
North Macedonia
F2Occupied Palestinian Territories
Oman
Pakistan
F2Panama
F2Peru
The Philippines
F2Pitcairn, Henderson, Ducie and Oeno Islands
Qatar
F2Rwanda
F2Saint Helena, Ascension and Tristan da Cunha
F6Samoa
Saudi Arabia
F6Senegal
Serbia
F2Seychelles
F2Sierra Leone
Singapore
South Africa
F2South Georgia and the South Sandwich Islands
South Korea
F2The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
F2Sri Lanka
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
F2Suriname
Taiwan
F2Tanzania
Thailand
F2Trinidad and Tobago
F2Tunisia
Turkey
F2Turks and Caicos Islands
F2Uganda
Ukraine
United Arab Emirates
F2Uruguay
F6Vanuatu
Vietnam
F6Zambia
F6Zimbabwe
F513
The following countries and territories are approved third countries or territories for the purposes of this regulation—
Albania
Armenia
Faroe Islands
Israel
Morocco
North Macedonia
Panama
Turkey
Ukraine.