The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022

Citation and commencement

1.  These Regulations may be cited as the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 and come into force on 17 January 2022.

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

2.—(1) The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 4A(3)(2) (requirements to take measures to ensure the required distance is maintained) in the definition of “relevant leisure premises”—

(a) in paragraph (k) insert “indoor” after “other”,

(b) in paragraph (m) insert “indoor” before “event venues”,

(c) in paragraph (y) for “sports stadiums” substitute “indoor sports stadiums and any indoor area at an outdoor sports stadium”.

(3) In regulation 7E(3) (interpretation of regulations 7A to 7D)—

(a) in paragraph (1)—

(i) for the definition of “authorised vaccine” substitute—

““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(4),”,

(ii) for the definition of “fully vaccinated” substitute—

““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,”,

(iii) after the definition of “late night premises” insert—

““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,”,

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “course of doses” substitute “first course of an authorised vaccine” in the first place where it appears,

(ii) in sub-paragraph (b) for “course of doses” substitute “first course”,

(iii) after sub-paragraph (b) insert—

“,

(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.”.

(4) In regulation 7F(1)(5) (capacity limits on live events) omit sub-paragraph (a).

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 11.15 a.m. on 13th January 2022