The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 6) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (“the principal Regulations”).

Regulation 2 makes provision about the date when the Regulations come into force. All provisions other than regulation 4 come into force at 5.00 a.m. on 26 December 2021. Regulation 4 comes into force at 5.00 a.m. on 27 December 2021.

Regulation 3 amends the interpretation provision contained in regulation 2 of the principal Regulations.

Regulation 4 inserts regulations 4A and 4B into the principal Regulations. Regulation 4A(1) provides that those who are responsible for premises must take steps to ensure that a distance of one metre is maintained between people either on, or waiting to enter, the premises and that only enough people are admitted to the premises to allow the one metre distance to be maintained, subject to the following exceptions.

The new regulation 4A(2) sets out exceptions from the requirement in regulation 4A(1) in relation to certain people as follows—

• two or more members of the same household, or where persons from different households are attending the premises together as a group, members of that group,

• a carer and anyone assisted by the carer,

• a child under 12 and another person,

• any persons in attendance at an event or activity which relates to a funeral, marriage ceremony or civil partnership registration,

• the person responsible for the premises, an employee of that person, or a person providing services (voluntary or otherwise) at the premises, and any other person.

New regulation 4B makes provision to require that, in premises where alcohol is sold for consumption on the premises or otherwise may be consumed on the premises, food and drink may only be ordered and served to a customer who is seated, and that the customer must remain seated whilst consuming food and drink on the premises. This does not apply to an event or activity which relates to a funeral, marriage ceremony or civil partnership registration.

Regulation 5 inserts Part 2A into the principal Regulations. In that Part, new regulation 7F sets out a restriction on the numbers who may attend live events (as newly defined in regulation 2 of the principal Regulations). No more than 500 persons may attend an outdoors live event. No more than 200 seated or 100 unseated persons may attend an indoors live event. Persons who are working or providing services at the event, and children under 5 years of age, are not included in these limits.

Regulation 6 amends regulation 15 of the principal Regulations, to enable a local authority to designate enforcement officers for the purpose of the new requirements added by regulations 4 and 5.