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.

Supporting implementation in line with our policy aims

Sectorial guidance: to support effective implementation consistent with our policy aim, we have provided information to the sectors where Covid Status Certification is mandated on the policy and regulations, and the appropriate implementation, enforcement and handling of exemptions.

Ministers have been clear that Covid Status Certification will not be a requirement for public services or other settings that many people have no option but to attend such as retail, public transport, health services and education. We recognise that some businesses, outside the regulated settings, are asking people for evidence they have been fully vaccinated as a condition of entry or as a condition of employment. We have emphasised in our guidance that businesses which are not covered by the Government's scheme would need to consider carefully their approach, in accordance with obligations under all relevant laws including data protection, the Equality Act 2010 and human rights. For more information see the Equality and Human Rights Commission Guidance for Employers.

Public guidance: we have also updated guidance for the wider public to provide information on what Covid Status Certification is, the policy objectives, where it is regulated and why, and the steps to attain Certification. Our Guidance is clear about the settings where the use of Covid Status Certification is appropriate as a public health mitigation. It explains that the scope of the Regulations has been carefully and deliberately limited to activities where the balance of public health risk clearly outweighs other rights considerations, and is designed to respect the rights of individuals. Specific protections, applicable within the limits of the statutory scheme, have been put in place to ensure the scheme operates in a lawful manner.

Ongoing stakeholder engagement: following the implementation of Covid Status Certification we have continued to engage with stakeholders to gather intelligence on the impact of Covid Status Certification. We will continue to engage with stakeholders and we will create feedback loops, building this evidence into the policy.

Exceptions: There are exceptions for premises being used for certain purposes, including worship, un-ticketed events held at an outdoor public place with no fixed entry points and certain business events that individuals are required to attend for work purposes.



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