Coronavirus (Scotland) Act 2020

PART 1Main provisions

1Meaning of “coronavirus”

Eviction from dwelling-houses

2Eviction from dwelling-houses

Protection for debtors

3Temporary extension of moratoriums on diligence

Children and vulnerable adults

4Children and vulnerable adults

Alcohol licensing

6Alcohol licensing

7Functioning of public bodies

Other measures in response to coronavirus

8Other measures in response to coronavirus

PART 2Supporting provisions

9Advancement of equality and non-discrimination

10Subordinate legislation making powers

11Power to suspend and revive provisions

13Power to bring forward expiry

14Power to amend Act in consequence of amendments to subordinate legislation

15Reports by the Scottish Ministers on status of provisions

15AReviews: information about domestic abuse

16Ancillary provision

SCHEDULE 1Eviction from dwelling-houses

Private residential tenancies: eviction grounds to be discretionary

1(1) The Private Housing (Tenancies) (Scotland) Act 2016 applies, in...

Private residential tenancies: extension of notice periods

2(1) The Private Housing (Tenancies) (Scotland) Act 2016 applies, in...

Assured tenancies: eviction grounds to be discretionary

3(1) The Housing (Scotland) Act 1988 applies, in relation to...

Assured tenancies: extension of notice periods

4(1) The Housing (Scotland) Act 1988 applies, in relation to...

Tenancies under the Rent (Scotland) Act 1984: eviction grounds to be discretionary

5(1) The Rent (Scotland) Act 1984 applies, in relation to...

Tenancies under the Rent (Scotland) Act 1984: extension of notice periods

6(1) The Rent (Scotland) Act 1984 applies, in relation to...

Scottish secure tenancies: extension of notice periods

7(1) The Housing (Scotland) Act 2001 applies, in relation to...

Power to modify notice periods

8(1) The Scottish Ministers may by regulations—

Consequential modifications in relation to prescribed forms

9(1) The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland)...

Errors in notices

10(1) Where a notice to which this paragraph applies is...

SCHEDULE 2Temporary extension of moratoriums on diligence

1The Bankruptcy (Scotland) Act 2016 applies in accordance with the...

2Section 195 (moratorium on diligence: notice of intention to make...

3Section 196 (moratorium on diligence: notice of intention to make...

4Section 198 (period of moratorium) has effect as if—

SCHEDULE 3Children and vulnerable adults

(1) The Children's Hearings (Scotland) Act 2011 applies in accordance...

SCHEDULE 4Justice

PART 1Courts and tribunals: conduct of business by electronic means

Electronic signatures and transmission of documents

1(1) An electronic signature fulfils any requirement (however expressed and...

Intimation, etc. on Scottish Courts and Tribunals Service website

1A(1) Any requirement (however expressed) that a document—

Suspension of requirements for physical attendance

2(1) Any requirement (however expressed) that a person physically attend...

Attendance by electronic means

3(1) A person excused from a requirement to physically attend...

Further provision about attendance by electronic means

4(1) A court or tribunal may— (a) issue a direction...

Publication of directions and guidance

5A person who issues any of the following must make...

Interpretation of Part

6In this Part— “court” means any of the Scottish courts...

PART 2Fiscal fines

Fixed penalty: conditional offer by procurator fiscal

7(1) The Criminal Procedure (Scotland) Act 1995 applies in accordance...

PART 3Cases beginning with an appearance from custody

Ability to take case in any sheriff court

8(1) If it involves an appearance from police custody, a...

Paragraph 8: supporting provision

9(1) A sheriff court has jurisdiction for all cases which...

PART 4Extension of time limits

Criminal proceedings: extension of time limits

10(1) The Criminal Procedure (Scotland) Act 1995 applies in accordance...

Exceptions to the rule that hearsay evidence is inadmissible

11(1) The Criminal Procedure (Scotland) Act 1995 applies in accordance...

PART 6Community orders

Community payback orders: extension of unpaid work or other activity requirements

12(1) Sub-paragraph (2) applies to a community payback order—

Community payback orders: time limit for completion of unpaid work or other activity

13(1) Section 227L of the Criminal Procedure (Scotland) Act 1995...

Community orders: postponement

14(1) The Scottish Ministers may by regulations postpone the effect...

Community orders: variation

15(1) The Scottish Ministers may by regulations vary requirements imposed...

Community orders: interpretation

16In paragraph 15— “ community payback order ” means a...

PART 7Parole Board

Chairing of the Parole Board

17(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 applies...

Modifications of the Parole Board Rules

18(1) The Parole Board (Scotland) Rules 2001 (S.S.I. 2001/315) apply...

PART 8Release of prisoners

Early release of prisoners

19(1) The Scottish Ministers may by regulations provide that a...

Regulations under paragraph 19: procedure and expiry

20(1) Regulations under paragraph 19(1) are subject to the affirmative...

PART 9Legal aid

Assessment of claims for interim payment of fees and outlays

21(1) The Legal Aid (Scotland) Act 1986 applies in accordance...

Recovery of overpayment of interim fees or outlays paid to firms

22(1) The Legal Aid (Scotland) Act 1986 applies in accordance...

Payment of interim fees for civil legal aid to counsel

23(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989 (S.I....

SCHEDULE 5Alcohol licensing

Requirement to hold a hearing

1(1) The Licensing (Scotland) Act 2005 applies in accordance with...

Premises licences

2(1) The Licensing (Scotland) Act 2005 applies in accordance with...

Personal licence holders

3(1) The Licensing (Scotland) Act 2005 applies in accordance with...

Licensing Boards etc.

4(1) The Licensing (Scotland) Act 2005 applies in accordance with...

Modifications of duties of Licensing Standards Officers

5(1) The Licensing (Scotland) Act 2005 applies in accordance with...

Notifications by the chief constable

6(1) The Licensing (Scotland) Act 2005 applies in accordance with...

7(1) The Licensing (Scotland) Act 2005 applies in accordance with...

Modifications of the Licensing (Procedure) (Scotland) Regulations 2007

8(1) The Licensing (Procedure) (Scotland) Regulations 2007 (S.S.I. 2007/453) apply...

SCHEDULE 6Functioning of public bodies

PART 1Licensing other than alcohol licensing

Modifications of Civic Government (Scotland) Act 1982 etc.

1(1) The Civic Government (Scotland) Act 1982 applies in accordance...

PART 2Freedom of information

2In this Part (other than this paragraph)—

Time periods for responding to requests

3(1) Section 10 (time for compliance) has effect as if...

4The Freedom of Information (Scotland) Act 2002 (Time for Compliance)...

Extension of periods in which certain authorities may respond

5(1) This paragraph applies where the Scottish Ministers are of...

Commissioner's ability to take account of impact of coronavirus

6(1) This paragraph applies in relation to an application made...

Giving notice electronically

7Section 74(1)(a) (giving of notice etc.) has effect as if...

PART 3Duties in respect of reports and other documents

Power to postpone publication and laying of reports

8(1) This paragraph applies to a statutory duty (however expressed)—...

Power to publish or make available documents for inspection electronically

9(1) This paragraph applies to a statutory duty (however expressed)—...

Resumption of duties in relation to reports and documents

10(1) Sub-paragraph (2) applies where the Scottish Ministers or, as...

PART 4Local authority meetings

11This Part contains temporary modifications of the Local Government (Scotland)...

12In this Part (other than this paragraph)—

Grounds for exclusion of the public from meetings of local authorities

13(1) Section 50A (admission to meetings of local authorities) applies...

Photographic copies of documents in respect of meetings of local authorities

14Section 50H(2)(b) (supplemental provisions and offences) has effect as if...

PART 5Duties under the Public Finance and Accountability (Scotland) Act 2000

15(1) The Scottish Ministers may by regulations make provision modifying...

SCHEDULE 7Other measures in response to coronavirus

Social security

1The Social Security (Scotland) Act 2018— (a) . . ....

2. . . . . . . . . ....

3. . . . . . . . . ....

4. . . . . . . . . ....

5Section 43 (duty to re-determine) has effect as if—

Irritancy clauses in commercial leases: non-payment of rent or other sums due

6The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 applies in...

7Section 4 (irritancy clauses etc. relating to monetary breaches of...

Duration of planning permission

8The Town and Country Planning (Scotland) Act 1997 applies in...

9Section 58 (duration of planning permission) has effect as if...

10Section 59 (planning permission in principle) has effect as if...

Electronic delivery of copy of deed to Registers of Scotland

11The Land Registration etc. (Scotland) Act 2012 applies in accordance...

12Section 21 (application for registration of deed) has effect as...

13The Land Registers (Scotland) Act 1868 applies in accordance with...

14Section 6A (writs transmitted electronically to Register of Sasines) has...

Land registration: period of effect of advance notice

15Paragraph 16 applies to an advance notice within the meaning...

16The advance notice is to be treated as having continued...

17Paragraph 18 applies to an advance notice within the meaning...

18The advance notice is to be treated as having continued...

19Section 58 of the 2012 Act (period of effect of...

Anatomy Act 1984: extension of periods

20The Anatomy Act 1984 applies in accordance with the modifications...

21Section 4B (lawful examinations: further provision) has effect as if...

22Section 5 (control of possession after examination) has effect as...

Scrutiny of subordinate legislation in urgent cases

23Subordinate legislation which— (a) is to be made by Scottish...

24A Scottish statutory instrument containing subordinate legislation made in accordance...

25Where subordinate legislation is made in accordance with paragraph 23,...

26Subordinate legislation made in accordance with paragraph 23 must be...

27Subordinate legislation made in accordance with paragraph 23 ceases to...

28In calculating the period of 28 days for the purpose...

29If subordinate legislation ceases to have effect as a result...

30(1) In paragraphs 23 to 29, “ subordinate legislation ”...

Business improvement districts: extension of certain arrangements

31(1) This paragraph applies to BID arrangements if—

32The Hill Farming Act 1946 applies in accordance with the...

33Section 23 (muirburn season) has effect as if—

Coronavirus (Scotland) Act 2020

2020 asp 7

An Act of the Scottish Parliament to make provision in connection with coronavirus; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st April 2020 and received Royal Assent on 6th April 2020