Letter from Deputy First Minister and Cabinet Secretary for COVID Recovery, Scottish Government to the Convener, 16 December 2021
Dear Siobhian
At this morning’s meeting, Murdo Fraser asked about guidance and regulations.
Contrary to what I said to Committee this morning, I can confirm that guidance supporting the regulations will be available on the Scottish Government website today at Coronavirus in Scotland - gov.scot (www.gov.scot). The new and updated guidance documents are being uploaded during the course of today. I understand that updated guidance specifically in relation to schools is expected to be available tomorrow. For your information, the following guidance is being published:
Mr Fraser also asked about the effect of the duty on businesses, service providers and places of worship to have regard to the Scottish Government guidance. This duty is not a new duty in relation to coronavirus guidance. The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021, which these new regulations amend, contains this duty to have regard to guidance, as did the Local Levels Regulations before. As I said this morning, this duty means that organisations should consider how the Scottish Government guidance applies to their organisation. This guidance duty is strengthened by the new regulations with the addition at regulation 4(1)(b) of the duty to take such of the measures in guidance as are reasonably practicable. That duty was also in place in the Local Levels Regulations.
I trust this clarification is helpful to you and the Committee.
Yours sincerely,
John Swinney
Deputy First Minister and Cabinet Secretary for COVID Recovery,
Scottish Government