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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations (which come into force on 9 August 2020) set out continuing requirements which apply in Scotland as a result of coronavirus and revoke the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020.

A person who is responsible for a relevant hospitality premises or relevant entertainment premises is required to take measures to obtain and record visitor information, in a suitable filing system, for a period of at least 21 days. They must provide this information to a public health officer as soon as reasonably practicable if so requested for the purpose of preventing the spread of coronavirus or monitoring the spread of infection and the incidence of coronavirus disease. Persons responsible for a place of worship, for carrying on a business or providing a service are also required to have regard to guidance issued by the Scottish Ministers relating to its premises, business or service.

These Regulations require persons in specified places (see regulations 5 and 6) to wear a face covering unless a specific exemption applies. They also require persons who use a passenger transport service or passenger transport service premises (which are both defined terms in the Regulations) to wear a face covering unless a specific exemption applies (regulation 7).

Part 3 of the Regulations makes provision for limits in relation to large live events and stadia, to enable approval of higher attendance numbers, and to allow revocation of approvals and of any conditions that may be applied in relation to approval.

Part 4 of the Regulations provides for the enforcement of these Regulations, including criminal offences (regulation 16) and fixed penalty notices (regulation 17).

The final provisions in Part 5 require the Scottish Ministers to review the requirements imposed by these Regulations at least once every 21 days, the first review taking place by 30 August 2021, and require them to revoke requirement as soon as it is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of coronavirus in Scotland.

These Regulations expire on 28 February 2022.