Draft regulations laid before the Scottish Parliament under paragraph 6(1) of schedule 19 of the Coronavirus Act 2020 for approval by resolution of the Scottish Parliament.
2021 No.
The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 20201 (“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(1) of schedule 19 of the Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021 and come into force at 5.00 a.m. on 6 December 2021.
Amendment of the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 20212
1
The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 20212 are amended in accordance with paragraphs (2) to (6).
2
In regulation 7A (requirement to ensure that persons are fully vaccinated, or exempt, when in certain places)3—
a
for the heading, substitute—
Requirement to ensure that persons are fully vaccinated, have received appropriate test results, or are otherwise exempt, when in certain places
b
in paragraph (3)—
i
after sub-paragraph (a), insert—
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,
ii
for sub-paragraph (c) substitute—
c
for medical reasons—
i
cannot be fully vaccinated against coronavirus, and
ii
cannot undertake a qualifying test,
3
In regulation 7B(2)(b) (requirement to treat information as confidential)—
a
at the end of head (ii), omit “or”,
b
after head (ii), insert—
iia
has undertaken a qualifying test,
iib
cannot undertake a qualifying test for medical reasons, or
4
After regulation 7C(3) (requirement to have a compliance plan), insert—
4
A relevant person may inspect and copy any compliance plan shown to them in accordance with paragraph (2)(b).
5
In this regulation, “relevant person” has the meaning given in regulation 15(8)(b).
5
In regulation 7E(1) (interpretation of regulations 7A to 7D)—
a
in the definition of “an exempt event”, after paragraph (f), insert—
fa
a gathering of individuals engaged in a protest or demonstration,
b
before the definition of “relevant event”, insert—
“qualifying test” has the meaning given in paragraph (4),
6
After regulation 7E(3), insert—
4
A test is a qualifying test if it is capable of detecting the presence of coronavirus, and is—
a
b
a lateral flow test, the results of which have been submitted through the NHS public reporting system.
(This note is not part of the Regulations)