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Legal Challenge for vaccine passports in Scotland Published Date: 23/09/2021

According to the BBC and other media reports, the Night Time Industries Association (NTIA) are requesting a court order to suspend the launch of the vaccine passport scheme until its case can be heard.

First Minister Nicola Sturgeon has said the scheme will help reduce transmission of the COVID-19 virus and keep clubs open, but the NTIA say there are 'serious flaws' with the plans.

The scheme, which is due to commence from the start of October, will require everyone over the age of 18 to produce a vaccine certificate to gain entry to nightclubs, unseated indoor events with more than 500 people, unseated outdoor events with more than 4,000 people or any event with more than 10,000 attending.

The government has drawn up a definition of a nightclub for use with the scheme. This is described as a venue which is open between midnight and 05:00, serves alcohol, and which has a designated area for dancing and provides live or recorded music for this purpose.

Ms Sturgeon called for venues to use "common sense" over the scheme, saying: "A pragmatic approach will be encouraged, so that businesses can make sensible judgements."

However, industry groups have voiced concerns that the definition could also cover a range of other hospitality venues, including bars, pubs and hotel function rooms.

Source: BBC News

The Morning Advertiser reports that the challenge largely concerns the lack of consultation and meaningful dialogue with the industry.

We previously reported the announcement of vaccine passports in Scotland: Scotland to launch vaccine passports on 1 October Published: 09/09/2021

Further updates on the proposals were published by the Scottish Government on 23 September: