On 16 March 2022, the Health Protection (Coronavirus) (Requirements) (Scotland) Revocation Regulations 2022 (SSI 2022/92) were made which, amongst other things, revokes requirements for employers to collect visitor data.
These Regulations will come into force on 21 March 2022. Among other things, they will revoke:
- Regulation 3 of the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (SSI 2021/277) (Principal Regulations), which require those responsible for certain hospitality and entertainment premises to collect visitor data and store it for a minimum of 21 days.
- Regulation 4 of the Principal Regulations, which require those responsible for carrying on a business or providing a service to have regard to government guidance about measures to minimise the risk of exposure to COVID-19, and to take such of those measures as are reasonably practicable to minimise the incidence and spread of coronavirus on its premises.
The removal of the legal requirements for businesses to have regard to government guidance and to take practical measures to reduce incidence and spread by 21 March 2022 was anticipated in the Scottish Administration’s Strategic framework Update.
However, although it was also anticipated that on the same date the requirement to wear face coverings in certain indoor settings, currently contained within regulations 5 and 6 of the Principal Regulations, would be converted into guidance, the snp administration opted to retain the legal requirement to wear face coverings for at least another two weeks.
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