Introduction
This document fulfils the commitment, set out in the Autumn and Winter Plan, to provide organisations with more detail about the proposed certification regime that would be introduced as part of Plan B.
The government invites feedback on these proposals. A call for evidence runs until 11 October.
Autumn and Winter Plan
The COVID-19 Response: Autumn and Winter Plan 2021, published on 14 September, sets out the government’s aims to sustain the progress made and prepare the country for future challenges, while ensuring the National Health Service (NHS) does not come under unsustainable pressure during this period.
The government plans to achieve this by:
building our defences through pharmaceutical interventions: vaccines, antivirals and disease modifying therapeutics
identifying and isolating positive cases to limit transmission: test, trace and isolate
supporting the NHS and social care: managing pressures and recovering services
advising people on how to protect themselves and others: clear guidance and communications
pursuing an international approach: helping to vaccinate the world and managing risks at the border
If the data suggests the NHS is likely to come under unsustainable pressure, the government has prepared a Plan B for England. Given the high levels of protection in the adult population against COVID-19 by vaccination, relatively small changes in policy and behaviour could have a big impact on reducing transmission, bending the epidemic curve and relieving pressure on the NHS. The government’s Plan B prioritises measures which can help control transmission of the virus while seeking to minimise economic and social impacts. This includes:
communicating clearly and urgently to the public that the level of risk has increased, and with it the need to behave more cautiously
introducing mandatory vaccine-only COVID-status certification in certain settings
legally mandating face coverings in certain settings
The government would also consider asking people once again to work from home if they can, for a limited period. The government recognises this causes more disruption and has greater immediate costs to the economy and some businesses than the other Plan B interventions. A final decision would be made based on the data at the time.
What this policy statement is for
If Plan B is implemented, it could be at short notice in response to concerning data. In the Autumn and Winter Plan, the government committed to publishing more details about mandatory vaccine certification. This policy statement sets out detailed proposals on certification, so that organisations and individuals can understand the policy and can prepare their own contingency plans should mandatory certification be implemented. The government would seek to give businesses at least one week’s notice before mandatory vaccine certification came into force. The government would also provide detailed guidance on the operation of the policy.
The government set out its intention that vaccine certification could form part of a Plan B, however, final decisions on the policy have not been made. The government invites responses on these proposals. The government is particularly interested in views from businesses, event organisers and venue operators, including from those that have experience of requiring certification on a voluntary basis over the summer and on the proposals for the workforce.
The government invites submissions of evidence and is also engaging with stakeholder representative groups. This opportunity for engagement will enable the government to take into account relevant comments and views, making any warranted revisions. The government is asking for responses by 11 October, although we encourage stakeholders to submit views as quickly as possible in case there is a need to introduce certification, as part of Plan B, at short notice.
Context
Under Plan B, in certain settings:
mandatory vaccine-only certification could be introduced for all visitors aged 18 or over
members of the workforce aged 18 or over in these settings could then be required to test regularly, if they are not fully vaccinated
This would mean that adult visitors would need to be fully vaccinated to access the settings in which certification is required. There would be a small number of exemptions for medical reasons and for those on clinical trials. In order to allow workforce participation in these settings, government proposes that the unvaccinated adult workforce in certified settings would be required to undergo regular testing. The government will further explore this proposal with relevant stakeholders.
The government intends to take a proportionate approach, balancing the impact on public health with the economic and social impacts. The policy would be focussed on settings where crowds mix and come into close contact. Mandating vaccine-only certification could allow settings that have experienced long periods of closure to remain open, and is preferable to closing venues entirely or reimposing capacity caps or social distancing.
If introduced, the government expects that mandatory vaccine-only certification would be introduced for the following venues and events:
all nightclubs and other venues open after 1am with alcohol, music and dancing
indoor events with 500 or more attendees where those attendees are likely to stand and mix to a significant degree, or move around during the event, such as music venues or large receptions
outdoor, crowded settings with 4,000 or more attendees where those attendees are likely to stand, or move around during the event, such as outdoor festivals
any settings with 10,000 or more attendees, such as large sports and music stadia
The government hopes that it would not be necessary to mandate vaccine certification more widely than these settings, though as the Autumn and Winter Plan explained this cannot be entirely ruled out.
There are some settings that would be exempt from requirements to use certification, including communal worship, wedding ceremonies, funerals and other commemorative events; guidance on minimising risk in these settings will be provided. Free, unticketed outdoor events in public spaces, including street parties, protests and mass participation sporting events, would also be exempt.
The NHS COVID Pass (accessible via the NHS App and NHS.UK and letter via NHS.UK or by calling 119) is already available as a tool that organisations in England can use to help limit the risk of transmission in their venues and events. More than 200 events and venues have made voluntary use of the NHS COVID Pass, and the government continues to encourage venues to use voluntary certification to keep their customers safer.
At present, the NHS COVID Pass displays an individual’s COVID status on the basis of vaccine, test or natural immunity status. If mandatory certification were introduced, the NHS COVID Pass would switch so that it certified individuals based on vaccine status only. Organisations which are out of scope would continue to be able to accept testing as a voluntary measure, but would need to accept alternative methods (such as emails or text messages) as confirmation of a negative test result.
Benefits of vaccine certification
The government carried out a review into COVID-status certification earlier this year. The COVID-Status Certification Review: Report, concluded that COVID-status certification could provide a means of keeping events going and businesses operating if needed over the autumn and winter.
Vaccines reduce the likelihood of someone becoming infected, and, therefore, vaccine certification reduces the risk of onward transmission if an infected person does enter a venue. Vaccination also reduces the chances of someone who is infected being hospitalised or dying.
Allowing negative test results for COVID-19 certification does provide some assurance that an individual is not infectious when the test is taken, and for a short time afterwards. The proposal is therefore that the workforce would be able to vaccinate or test under supervision so that those who choose not to be vaccinated are not prevented from participating in the workforce. The window of protection declines rapidly after the test is taken and regular testing would therefore be needed.
Settings where certification would apply
If introduced, the government expects that mandatory vaccine-only certification would be introduced in the following settings:
nightclubs, dance halls and discotheques: all nightclubs, dance halls and discotheques would be in scope. In addition, any other setting that shares specified characteristics with these venues would also be in scope. This would be determined by a setting meeting all of the following criteria:
- is open between 1am and 5am
- serves alcohol during this period
- has a dance floor or space for dancing to be used by members of the public
- provides music for that dancing
indoor events with 500 or more attendees: events at indoor settings with 500 or more attendees where attendees are likely to stand or move around and where these attendees have not been allocated seating
outdoor events with 4,000 or more attendees: events at outdoor settings with 4,000 or more attendees where attendees are likely to stand or move around and where these attendees have not been allocated seating
very large events with 10,000 or more attendees: events at settings with 10,000 or more attendees, irrespective of how many attendees are seated
Rationale
The proposal on the settings where certification would apply is based chiefly on public health evidence, including from the Scientific Advisory Group for Emergencies (SAGE) and the Events Research Programme (ERP). The highest risks of transmission are associated with indoor settings, particularly those which are poorly ventilated and unstructured where people are likely to mix in close proximity, and settings where people engage in energetic activity, including dancing, shouting and singing.
A fair and rational balance needs to be struck between public health impact and proportionality. The attendance thresholds included in the proposal are broadly related to the relative riskiness of the activity. This would help to reduce economic disruption and disproportionate burdens, such as door checks, on smaller venues. In very large settings (that is 10,000 or more attendees), although the evidence shows that seated activities are less risky, there is likely to be an additional risk of crowding, for example on public transport outside the venues or at pinch points within the venues. The impact of a super spreader event on the community would also be greater where a higher number of people are infected. Any setting with 10,000 or more attendees would therefore be included.
Nightclubs, dance halls and discotheques
Nightclubs, dance halls and discotheques would be required to implement certification when hosting indoor events, irrespective of the number of attendees. In line with the 4,000 attendee threshold the government proposes for outdoor events, however, nightclubs, dance halls and discotheques would be able to hold outdoor events with fewer than 4,000 attendees without requiring certification.
Other venues that share specified characteristics with nightclubs would also be required to implement certification when they meet all of the following criteria:
are open between 1am and 5am
serve alcohol during this period
have a dance floor or space for dancing to be used by members of the public
provide music for that dancing
Where these venues do not meet all of these criteria, they would not be required to implement certification. For example, a bar would not have to implement certification if it closed before 1am, ceased serving alcohol by 1am, turned off its music for dancing, or closed its dancefloor or any other space for dancing.
Nightclubs, dance halls and discotheques would no longer be required to implement certification if they closed their dancefloors or turned off their music for dancing. For example, a nightclub would no longer be required to implement certification if it repurposed as a bar by covering its dancefloor with tables and chairs.
Where any venues described above host activities that are seated (with a capacity under 10,000), they would not be required to implement certification for those activities. A nightclub hosting a seated concert with fewer than 10,000 attendees would therefore not be required to implement certification for that concert.
There would also be exemptions provided for these venues when hosting dance and exercise classes, ballroom dancing, and specific performances and rehearsals.
If a nightclub or venue with nightclub characteristics is situated within a larger venue, but can be separated from the rest of the venue such that attendees at the larger venue can be segregated from those attending the nightclub, certification requirements would only apply to the nightclub at all times, and certification checks could therefore be carried out at the entrance to that part of the venue.
All other in-scope events
For all other settings, certification would only apply where a venue is hosting an event that meets the attendance threshold.
Day-to-day activities in certain venues would not be captured, and certification requirements would only apply if they were hosting events exhibiting the criteria that require certification. For example, a museum would not be in scope for certification unless hosting an event such as a reception, ball or performance in which 500 or more attendees were standing or moving around. Only those attending the event would be…
Proposal for mandatory COVID certification in a Plan B scenario