The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 6) Regulations 2022

Regulations made by the Scottish Ministers and laid before the Scottish Parliament under paragraph 6(2) and (3) of schedule 19 of the Coronavirus Act 2020, for approval by resolution of the Scottish Parliament within 28 days beginning with the day on which the Regulations were made, not taking into account periods of dissolution or recess for more than 4 days.

Scottish Statutory Instruments

2022 No. 123

Public Health

The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 6) Regulations 2022

Made

at 11.00 a.m. on 31st March 2022

Laid before the Scottish Parliament

at 2.00 p.m. on 31st March 2022

Coming into force

4th April 2022

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), (3) and (4) 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. 6) Regulations 2022 and come into force on 4 April 2022.

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

2.—(1) The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021(2) are amended as follows.

(2) In regulation 5(1) (requirement to wear face covering in certain indoor places), omit sub-paragraphs (f), (g), (h) and (i).

(3) In regulation 6(1) (places where face coverings must be worn in accordance with regulation 5)—

(a) in paragraph (1), for “These are the places”, substitute “Subject to paragraph (1A), these are the places”,

(b) in paragraph (1), omit—

(i) sub-paragraph (c) (indoor public places where a marriage ceremony or civil partnership registration is taking place),

(ii) sub-paragraph (t) (places of worship).

(c) after paragraph (1) insert—

“(1A) The requirement in regulation 5 does not apply to any place listed in paragraph (1) while—

(a) it is being used as a place of worship,

(b) a funeral or commemorative event for a person who has died is taking place, for the duration of the funeral or event, or

(c) a marriage ceremony or civil partnership registration is taking place, for the duration of the ceremony or registration.”.

HUMZA YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 11.00 a.m. on 31st March 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (“the Principal Regulations”). These Regulations come into force on 4 April 2022.

Regulation 2(2) removes regulation 5(1)(f) to (i) from the Principal Regulations. Regulation 5(1)(f) provided an exemption from the requirement to wear a face covering for a person in a place of worship and leading an act of worship in certain circumstances. Regulation 5(1)(g), (h) and (i) provided exemptions from the requirement to wear a face covering for a person at a funeral, commemorative event, marriage ceremony, or civil partnership registration if certain conditions were met. These provisions are being omitted in consequence of the amendments to regulation 6.

Regulation 2(3) amends regulation 6 of the Principal Regulations. The amendments in regulation 2(3)(a) and (c) together clarify that the requirement to wear a face covering does not apply to any indoor place listed in regulation 6(1) of the Principal Regulations which is used as a place of worship or, where a funeral, commemorative event for a deceased person, marriage ceremony, or civil partnership registration is taking place, for the duration of the funeral, event, ceremony or registration. The amendment in regulation 2(3)(b) removes the requirement to wear a face covering in indoor public places where a marriage ceremony or civil partnership registration is taking place and in places of worship.

(1)

2020 c. 7. Section 89(1) of the Coronavirus Act 2020 (“the Act”) provides that the Act expires at the end of the period of two years beginning with the day on which it is passed, subject to subsection (2) and section 90. The expiry date of certain provisions of the Act, including schedule 19, was amended by S.S.I. 2022/40.

(2)

S.S.I. 2021/277 as amended by S.S.I. 2021/299, S.S.I. 2021/349, S.S.I. 2022/13, S.S.I. 2022/29, S.S.I. 2022/77 and S.S.I. 2022/92.