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Regulations amending the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 were made today.

The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 5) Regulations 2022 (“the Amendment Regulations”) amend the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (“the Principal Regulations”) and will take effect on 28 February 2022.

The Amendment Regulations remove from the Principal Regulations the provisions in relation to the COVID-19 vaccine certification scheme. In particular, these Regulations:

• remove the requirement for persons responsible for certain premises to operate a reasonable system for checking that persons on, or seeking to enter, their premises are fully vaccinated against coronavirus, have received appropriate test results, or are otherwise exempt from the requirement to demonstrate that they are fully vaccinated.
• remove the requirement for certain premises to prepare a compliance plan describing how their systems will operate and other measures in place to prevent or minimise the spread of coronavirus.
• remove the requirement to treat information as confidential, and;
• remove supplemental provisions in relation to licensing for certain premises.

The Regulations have been published at http://www.legislation.gov.uk/id/ssi/2022/74

The Homelessness Prevention and Strategy Group is jointly chaired by COSLA’s Community Wellbeing Spokesperson, Councillor Kelly Parry and I. We share responsibility for chairing meetings and they and HPSG members have collective responsibility for agreeing the work programme and achieving the goals in the Ending Homelessness Together action plan.

Since May 2021, the Homelessness Prevention and Strategy Group (HPSG) has met on one occasion, 5 November 2021. Meetings take place once every quarter, subject to parliamentary and local government business, with the next meeting scheduled for March.

A meeting scheduled for June 2021 was cancelled following the Scottish Parliament election to allow time to determine portfolio responsibilities. The meeting scheduled for September 2021 was postponed until November 2021 to accommodate parliamentary business and ensure the co-chair from COSLA was available. The next meeting, which was scheduled to take place in February 2022, has been postponed until March 2022 to accommodate parliamentary business and ensure the co-chair from COSLA was available.

The delivery of the Ending Homelessness Together action plan is on track as demonstrated in our annual progress report, which was laid in Parliament in October 2021. The plan has been welcomed by stakeholders, including HPSG members, who are responsible for overseeing the development and delivery of the plan.

The name of the short-life group was the Materials Shortages Working Group.

The purpose of the group was to examine where the immediate shortages were most acute and to identify opportunities to remove barriers and build capacity within Scotland. The minutes for this group were not published.

The group was set up in June 2021 and met a total of 12 times with the final meeting taking place on Tuesday 28 September 2021.

A letter summarising the key findings from the Materials Shortage Working Group’s work was sent to the Economy and Fair Work committee on 25 January 2022 and has been published on the Scottish Parliament website. Details of this letter can be found in the following link.

Construction Materials Shortages Working Group | Scottish Parliament Website

Scottish Government officials have spoken with the Scottish Fire and Rescue Service (SFRS) regarding this matter.

SFRS have close working relationships with all Local Authorities, particularly when it comes to fire safety in educational establishments. SFRS have confirmed that they understand the Scottish Government’s approach in seeking to improve ventilation in schools and, in line with business as usual fire safety processes and procedures, they are happy to provide advice and support to Local Authorities regarding any changes to structures which may have an impact upon Fire Risk Assessments.

The City of Edinburgh Council shared this report with officials in the Scottish Government and Scottish Futures Trust last year.

The analysis was based on a sample of 9 schools in May 2021 and showed, for example, that CO2 levels were high because windows were not being opened and rooms were not being flushed during breaks.

The report helped inform the work that the Council subsequently carried out to improve ventilation in schools.

In addition, the report was used to help further develop Scottish Government guidance.

The report was also shared with the expert Ventilation Short Life Working Group to inform their work.

These figures are based on the latest advice from SAGE’s Environmental Modelling Group, which monitors evidence from a wide range of authoritative sources. Our guidance is reviewed as scientific advice develops.

The figures used are aligned with those used in guidance issued by the Department for Education in England and the Welsh Government.

Data is currently being collected within local authorities and will be returned to the Scottish Government to provide a national perspective. We intend to provide the Committee with an update on the overall national picture early next month, subject to receipt of local authority returns.

The Scottish Government does not hold information on the number of problematic spaces in specific schools. This information will be held by local authorities as it is their statutory responsibility to manage their school estate.

A discount rate of 3.5% over a 25-year period was used to calculate the Net Present Value for Scotland’s Deposit Return Scheme.

We have not asked local authorities to undercut doors in schools, nor was £300,000 provided to them specifically for these purposes.

My letter to the Education, Children and Young People Committee setting out the example scenario was not guidance, and has not been issued to local authorities. The letter stated:

“In order to calculate the £5m schools/ELC ventilation fund, we have assumed an example set of remedial measures which could be taken for each problematic space although this will vary depending on local decisions.”

and

“ It is very important to note that these costs will of course vary significantly in practice, as the precise remedial measures used in each problematic space should be informed by local circumstances and expert assessment by local authority teams .”

An undercut of a door was therefore clearly indicated as only one element of an example set of remedial measures used to calculate the up-to-£5m fund. The other elements that formed part of the example were temporary use of an air cleaning device and installation of small mechanical ventilation units.

Inclusion of the potential for a door undercut in the example is fully in line with expert advice. This makes clear that undercuts (small gaps at the bottom of a door) allow air pressure to be equalised on each side of the door, to ensure that additional force on one side does not make the door difficult to open. This includes cases where the pressure increase caused by mechanical ventilation systems – another key element of the example scenario – could impair the normal safe operation of a door. It was for this reason that this element was included in the example scenario used to generate costings.

Local authorities are fully aware that they should undertake any remedial work in line with Scottish Government guidance on ventilation and expert input. Our guidance already makes clear that when implementing any Covid-safety measures, local authorities must continue to adhere to legal obligations with regard to health and safety, including fire safety. It is of course for local authorities as duty holders to ensure appropriate consultation with all relevant authorities when undertaking works in school buildings.