The
Regulation is typically complex!
It has a number of requirements, some of which apply to all the premises listed in the
Schedule (including Part 2, which includes all sorts of low-risk places such as castles!), whereas others apply only to places providing food or drink for consumption on the premises (Part 1).
Both Part 1 and 2 premises must display a T&T QR code. This is the first time that there has been an (explicit, statutory) requirement to display any particular poster during this pandemic in England. There is, worryingly, no alternative to complying with this requirement by providing contact tracing forms.
Both Part 1 and 2 premises must
request visitors to scan the QR code or else complete a T&T form upon entering. In the case of groups, the QR code must be scanned, or details given, separately for each non-exempt member of the group (people under 16 or those with a disability preventing them from complying are exempt). Permissible groups of more than 6, e.g. large households, are split up into "sub-groups" for this purpose.
However, only Part 1 premises (i.e. pubs, restaurants etc.) have an active obligation to refuse entry to visitors that don't scan the QR code or complete a T&T form. So, in other words, Part 2 premises can get away with having a sign, notice etc. asking visitors to do T&T, whereas pubs must force you.
The Regulations effectively put the whole hospitality contact tracing system on a firm legal basis, which is certainly better than the current unregulated system. They are good inasmuch as they require the deletion of contact tracing details after 21 days, although they then spoil this by allowing a get-out in case there's another valid reason for keeping the details. You can be sure that plenty of less savoury places will be using confusing opt in/out marketing tickboxes...
However forcing even the smallest of low-risk premises such as art fairs and museums to put up the QR code posters is an extremely onerous requirement in my view - and one that could potentially be amenable to judicial review. No doubt any such JR would happen far too late for it to have any meaningful effect.