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

This equality impact assessment (EQIA) is to analyse the potential impacts for each protected characteristic under the Equality Act 2010 of amending the definition of fully vaccinated to include the requirement for a booster if a primary course of MHRA vaccine was over 120 days ago and amend the definition of late night venue.

Mitigating actions

The Scottish Government considers that, subject to the below mitigations being implemented, where Covid Status Certification does engage rights, it does so in a proportionate way in order to protect public health.

Recognising that some people face barriers to taking up the offer of vaccination

Embedding inclusion and equalities in vaccination programmes: our aim is to deliver our vaccinations in a way that ensures no-one is excluded, in particular those most at risk from COVID-19. The offer of COVID-19 vaccination will remain open to those newly eligible, or those who have not yet taken up the offer of a vaccine for the initial programme and the booster programme. The Inclusive Vaccine Programme includes targeted outreach and tailored communications e.g. Public Health Scotland and third sector partners have ensured the provision of a range of translated materials, British Sign Language (BSL) and other resources, such as the Covid-19 vaccine NHS Scotland explainer video, to ensure that everyone is able to access this information. Engagement with stakeholders is ongoing, including through individual meetings, to ensure opportunities to raise issues of concern. More information on the inclusive Vaccination Programme can be found in Scotland's autumn and winter vaccination strategy: progress report and accelerated delivery plans - December 2021 - ( .

Inclusive testing programme: we know that some people cannot be vaccinated for legitimate reasons or have not yet taken up the vaccine. Initially, the Covid Status Certification scheme did not include a negative test result as an alternative to proof of vaccination as we considered that it would not be appropriate and could undermine one of the initial policy aims of the scheme: to increase vaccine uptake. Based on the latest evidence, and a balance of harms, the Covid Status Certification scheme will include the option of providing a record of a negative test, with test results valid for 24 hours, as an alternative to proof of vaccination.

Since April 2021, LFD home testing kits have been available to everyone in Scotland via pharmacies, testing sites, online, and 119 (a dedicated NHS Covid-19 helpline). The opportunity to collect test kits from pharmacies has been available since June to provide a testing route for those without digital access, with this route also expanding to GPs to improve the service's accessibility in rural areas. 84% of Scotland is within a 20 minute walk of a participating pharmacy, and 98.6% within a 20 minute drive. Research shows that pharmacies are trusted by a wide range of underrepresented groups[212], and LFDs are also available in some other public places, such as shopping centres and sports grounds. We have produced accessible communications regarding testing, and easy-read leaflets and guidance to ensure that communications are provided in a format that is most likely to be understood by a wide range of people.

Exemptions: there are limited circumstances where a person may not yet have been vaccinated or may be unable to be both vaccinated and tested for legitimate reasons. For this reason, there are exemptions in the regulations for under 18s, those who cannot be both vaccinated and tested, and those participating in vaccine trials. Incorporating exemptions into the domestic App so that they appear as a green tick is under consideration for a future release.



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