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The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 and The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2022: business and regulatory impact assessment

This business and regulatory impact assessment (BRIA) considers the impacts for businesses and consumers of amending the definition of fully vaccinated to include the requirement for a booster vaccination if a person’s primary course of MHRA vaccine was more than 120 days ago and amending the definition of late night venue.

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Competition Assessment

Will the measure directly or indirectly limit the number or range of suppliers?

Unclear. Covid Status Certification overall will potentially discourage some consumers' from attending late night venues with alcohol, dancing and music and live large scale events, and potential displacement to less regulated alternative venues and settings. This may place increased pressure on businesses involved in these activities through reduced footfall and turnover, with consequent pressures on business viability. This pressure may encourage business exit if sufficiently severe and long-lasting. However, inclusion of testing results within Covid Status Certification means this outcome would primarily be influenced by consumers' attitudes towards vaccination and testing, rather than restrictions resulting from certification.

Will the measure limit the ability of suppliers to compete?

Unclear. The measure primarily impacts on consumers' ability to access venues and live events. However, there may be potential for displacement of unvaccinated consumers to other, less regulated settings. Similarly the displacement of vaccinated customers towards venues operating with Covid Status Certification could occur.

Will the measure limit suppliers' incentives to compete vigorously?

No. Measure will potentially restrict some consumers' ability to attend late night venues with alcohol, dancing and music and live large scale events, with potential for displacement to other less regulated settings (e.g. pubs) or greater competition for events providers and venues from other geographies. This may strengthen suppliers' incentives to compete across different markets.

Will the measure limit the choices and information available to consumers?

Yes. Consumer choice of evening and live entertainment among those unwilling to either take up vaccination or provide a record of a negative test results may be reduced in terms of attending late night venues with alcohol, dancing and music and some live events. However, this would be as a consequence of those consumers' decisions around vaccination take-up and testing.

Contact

Email: covid19-certificationhub@gov.scot

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