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

Who does this apply to?

These Regulations apply to the general public, local authorities, and a wide range of businesses and sectors including those involved in:

  • Sporting, entertainment or business events.

  • Public transport.

  • Indoor venues, such as shopping centres and hospitality.

  • Transport operators.

When did it change?

These Regulations came into force on 9 August 2021.

What does it mean?

This Statutory Instrument sets out continuing requirements which apply in Scotland as a result of Coronavirus.

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 requested, for the purpose of preventing the spread of Coronavirus or monitoring the spread of infection and the incidence of Coronavirus disease.

Those 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 to wear a face covering unless a specific exemption applies. Places where face coverings must be worn as set out include:

  • Any building or room used for the retail sale or hire of goods or services (such as restaurants, cafes, and public houses).

  • Any indoor communal area in a workplace or where there are no measures in place to keep persons separated.

  • Any indoor public place, or part of an indoor public place, where a marriage ceremony or civil partnership registration is taking place.

  • Amusement arcades.

  • Cinemas.

  • Enclosed motor vehicles while in use for a driving lesson or driving test.

  • Museums and galleries.

  • Soft play centres.

  • Sports stadiums.

  • Conference or exhibition centres and any other place at which an exhibition takes place.

In these Regulations, a communal area includes entrances passageways, stairs, lifts, and changing rooms.

The Regulations also require persons who use a passenger transport service or passenger transport service premises to wear a face covering unless a specific exemption applies.

Part 3 of the Regulations makes provision for limits in relation to large live events and stadia; the Regulations cap numbers at live events at 5,000 people for events held outdoors and at 2,000 people for events held indoors subject to local authority approval of higher attendance limits in accordance with the process set out in the Regulations.

Part 4 provides for the enforcement of these Regulations, including criminal offences and fixed penalty notices.

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 will take place by 30 August 2021. These provisions 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.

What’s changed?

These Regulations revoke the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020.

The Regulations are available here.

Scottish Parliament August 2021


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