
1 
These Regulations may be cited as the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 5) Regulations 2021 and come into force on 17 December 2021.
2 
The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 are amended in accordance with regulations 3 to 8.
3 
For regulation 4 (guidance on minimising exposure to coronavirus) substitute—“
4. 

(1) A person who is responsible for a place of worship, carrying on a business or providing a service must—
(a) have regard to guidance issued by the Scottish Ministers about measures to minimise risk of exposure to coronavirus relating to its premises, business or service, and
(b) take such of those measures as are reasonably practicable to minimise the incidence and spread of coronavirus on its premises, for example measures which limit close face to face interaction and maintain hygiene such as—
(i) changing the layout of premises including the location of furniture and workstations,
(ii) controlling the use of entrances, passageways, stairs and lifts,
(iii) controlling the use of shared facilities such as toilets and kitchens,
(iv) otherwise controlling the use of, or access to, any other part of the premises,
(v) installing barriers or screens,
(vi) providing, or requiring the use of, personal protective equipment, and
(vii) providing information to those entering or working at the premises about how to minimise the risk.
(2) Guidance issued by the Scottish Ministers may—
(a) make different provision for different cases or descriptions of cases,
(b) incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, a body representing members of an industry or a trade union).
(3) Part 4 (enforcement) does not apply to a contravention of the requirement in paragraph (1)(a).”.
4 
In regulation 5(1) (requirement to wear face covering in certain indoor places)—
(a) in sub-paragraph (d)(ii) for “one metre” substitute “two metres”,
(b) in sub-paragraph (f)(ii) for “one metre” substitute “two metres”,
(c) in sub-paragraph (g)(ii) for “one metre” substitute “two metres”,
(d) in sub-paragraph (h)(ii) for “one metre” substitute “two metres”,
(e) in sub-paragraph (j)(ii) for “one metre” substitute “two metres”,
(f) in sub-paragraph (ja)(ii)(bb) for “one metre” substitute “two metres”.
5 
In regulation 6(1)(b)(ii)(bb) (places where face coverings must be worn in accordance with regulation 5) for “one metre” substitute “two metres”.
6 
In regulation 7(1)(h)(ii) (requirement to wear face coverings on public transport) for “one metre” substitute “two metres”.
7 
In regulation 15(9) (enforcement of requirements)—
(a) omit “and” following sub-paragraph (a),
(b) after sub-paragraph (a) insert—“
(aa) regulation 4(1)(b), and”.
8 
In regulation 16 (offences and penalties) at the end of paragraph (1) insert “, other than the requirement in regulation 4(1)(b)”.
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
At 11.36 a.m. on 16th December 2021