Reg. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Reg. 11 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Words in reg. 2(1) inserted (27.11.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 5) Regulations 2020 (S.S.I. 2020/400), regs. 1, 3(a)
Words in reg. 2(1) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 3(1)(b)
Words in reg. 2(1) omitted (20.11.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 3(1)(a)(i)
Words in reg. 2(1) omitted (20.11.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 3(1)(a)(ii)
Words in reg. 2(1) omitted (20.11.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 3(1)(a)(iii)
Words in reg. 2(2) inserted (27.11.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 5) Regulations 2020 (S.S.I. 2020/400), regs. 1, 3(b)
Words in reg. 3(1) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(a)
Words in reg. 3(2) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(b)
Words in reg. 3(3) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(c)
Words in reg. 3(4) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(d)
Words in reg. 3(5) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(e)
Reg. 3(5A) inserted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 12
Reg. 3(5B) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(f)
Reg. 3A inserted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 4
Reg. 3B inserted (4.12.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 6) Regulations 2020 (S.S.I. 2020/415), regs. 1, 3
Words in reg. 5(1) substituted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(2)
Word in reg. 5(1)(a) substituted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 5(a)
Word in reg. 5(1)(b) substituted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 5(b)
Words in reg. 5(1)(c) substituted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 5(c)
Words in reg. 5(1)(d) substituted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 5(d)
Word in reg. 5(1)(e) substituted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 5(e)
Words in reg. 6(5) substituted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 6
2005 asp 16. Section 2 was amended by section 54 of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10).
1984 c.51. Section 153A was inserted by section 75 of the Finance Act 2015 (c.11).
1995 c.36, relevantly amended by S.I. 2013/1465.
1980 c.44, amended by section 2 of the Registered Establishments (Scotland) Act 1987 (c.4) and schedule 3 of the Standards in Scotland's Schools etc. Act 2000 (asp 6).
S.S.I. 2020/103, revoked by S.S.I 2020/279.
S.S.I. 2020/234, amended by S.S.I. 2020/253.
1995 c.46. Sections 226B and 226I were inserted by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Sections 226B and 226I have been amended but none of the amendments are relevant to these Regulations.
S.S.I. 2020/262, as amended by S.S.I. 2020/279.
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 and come into force at 6.00 a.m. on 2 November 2020.
These Regulations apply in—
Scotland, and
Scottish airspace, in relation to a person who is on a mode of transport which took off from, or is to land at, a place in Scotland.
In paragraph (2)—
“
“
In these Regulations—
“
“
“
“
are required to make physical contact with each other, or
do not generally maintain a distance of two metres from each other,
but does not include a sport or activity in which the participants are wholly or mainly professional sportspersons,
“
so that they may derive a living from competing in that sport, or
to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham,
“
one or more students of a further education institution or a higher education institution within the meaning of—
paragraph 6 of schedule 16 of the Coronavirus Act 2020,
heads (c) to (f) in the definition of “educational institution” in paragraph 1(11) of schedule 16 of that Act, or
heads (b) to (e) in the definition of “educational institution” in paragraph 1(12) of schedule 16 of that Act,
the definition of “relevant institution” in paragraph 15(11) of schedule 16 of that Act, and
one other household with which the student has, or as the case may be students have, chosen to live with in a place which is to be the student’s or students’ sole or main residence during the period between the first and second academic terms,
“
“
“
a restaurant, including a restaurant or dining room in a hotel or members' club,
a takeaway service,
a cafe or canteen,
a bar, including a bar in a hotel or members' club,
a public house,
“
to engage in any form of social interaction with each other, or
to undertake any other activity with each other,
“
one person living alone, or
a group of persons living together in the same place as a family or other unit (whether or not related) and who have the place as their only or main residence,
“
“Level 0 area”, “Level 1 area”, “
“
“
“a person who is responsible for carrying on a business” and similar expressions include the owner, occupier and manager,
“
“
accommodation in a hotel, hostel, members club, boarding house or bed and breakfast,
accommodation provided by a care home service, within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010
accommodation for children at a residential establishment, within the meaning of section 93(1) of the Children (Scotland) Act 1995
school boarding accommodation, within the meaning of paragraph 10(5) of schedule 16 of the Coronavirus Act 2020
accommodation intended for use by the army, navy or air force,
a prison,
a young offenders institution
secure accommodation
a remand centre
“
derives a living from competing in sport,
is a senior representative nominated by a relevant sporting body,
is a member of the senior training squad for a relevant sporting body, or
is not a child and is on an elite development pathway,
“
“
“
the professional sportsperson's nation at the Tokyo or Beijing Olympic or Paralympic Games, or
the professional sportsperson's nation at the Commonwealth Games to be held in Birmingham in a sport that is not part of the Tokyo Olympic and Paralympic Games programme,
“
“
the professional sportsperson's nation at the Tokyo or Beijing Olympic or Paralympic Games, or
the professional sportsperson's nation at the Commonwealth Games to be held in Birmingham in a sport that is not part of the Tokyo Olympic and Paralympic Games programme,
“
has contact with the child pursuant to an order of court, or
has previously had care of the child, and
“
For the purpose of these Regulations, references to a household include an extended household
The restrictions and requirements set out in schedule 1 (“Level 0 restrictions”)
The restrictions and requirements set out in schedule 2 (“Level 1 restrictions”)
The restrictions and requirements set out in schedule 3 (“Level 2 restrictions”)
The restrictions and requirements set out in schedule 4 (“Level 3 restrictions”)
The restrictions and requirements set out in schedule 5 (“Level 4 restrictions”)
The requirements set out in paragraph 2A of each of schedules 3 and 4 and paragraph 4B of schedule 5 also apply (where they so indicate) in relation to other areas.
The restrictions set out in schedule 7A (restrictions on leaving or entering Scotland: common travel area) have effect.
In these Regulations—
a “Level 0 area” is an area specified in the table in schedule 6, where the table indicates it is a Level 0 area,
a “Level 1 area” is an area so specified, where the table indicates it is a Level 1 area,
a “Level 2 area” is an area so specified, where the table indicates it is a Level 2 area,
a “Level 3 area” is an area so specified, where the table indicates it is a Level 3 area, and
a “Level 4 area” is an area so specified, where the table indicates it is a Level 4 area.
In its application in relation to the areas mentioned in paragraph (2), schedule 2, paragraph 9 (restriction on gatherings in private dwellings in a Level 1 area) has effect as if—
takes place indoors and consists of no more than six persons from no more than two households,
For the purpose of sub-paragraph (1)(za), children under 12 years of age are not to be included when counting the number of people attending a gathering but are to be included when counting the number of households attending a gathering.
The areas are those specified in column 2 of the following entries of the table in schedule 6—
27 (Orkney Islands),
28 (Shetland Islands), and
32 (Na h-Eileanan Siar).
For the period beginning on 23 December 2020 and ending at 11:59 p.m. on 27 December 2020 the restrictions in these Regulations have effect as if—
“holiday gathering” means a gathering of no more than 8 persons from no more than 3 households who have chosen to be treated as a holiday gathering for the purposes of— gathering in a private dwelling which is either— the main residence of one of the households, or located in the same local authority area as the place which is the main residence of one of the households, gathering outdoors,
is a holiday gathering,
in schedule 3 (level 2 restrictions)—
is a holiday gathering,
is a holiday gathering,
in schedule 4 (level 3 restrictions)—
is a holiday gathering,
is a holiday gathering,
gather with one or more other households as a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period,
in schedule 5 (level 4 restrictions)—
Sub-paragraph (1) does not prevent a holiday gathering in a private dwelling.
to a person for the purpose of attending a holiday gathering in a private dwelling which is located in the same local authority area as that holiday accommodation,
is a holiday gathering,
is a holiday gathering,
gather with one or more other households as a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period,
gather with one or more other households as a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period,
For the purposes of travelling to or from Northern Ireland, the restrictions on movement in these Regulations have effect as if—
where it is necessary to do so in order to facilitate a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period, travel the day before the relevant period,
where it is necessary to do so in order to facilitate a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period, travel the day before the relevant period,
where it is necessary to do so in order to facilitate a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period, travel the day before the relevant period,
In this regulation a reference to the “relevant period” is a reference to the period in paragraph (1).
For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons attending a holiday gathering but are to be included when counting the number of households attending a holiday gathering.
A person who during the relevant period attends—
a holiday gathering may attend a subsequent gathering of that holiday gathering provided that in aggregate they gather with no more than 8 persons from not more than 3 households and may not attend any other holiday gathering,
a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period may not attend a holiday gathering.
A holiday gathering may not include more than one extended household.
A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations.
A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—
the person is contravening a requirement in these Regulations, and
it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.
Where the person contravening a requirement in these Regulations is a child accompanied by an individual who has responsibility for the child—
the relevant person may direct that individual to take the child to the place where they are living, and
that individual must, so far as reasonably practicable, ensure that the child complies with a direction or instruction given by the relevant person to the child.
Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with a requirement mentioned in paragraph (5), the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that requirement.
The requirements mentioned in paragraph (4) are those in Part 3 of each of schedules 1 to 5.
For the purpose of this regulation, an individual has responsibility for a child if the individual has—
care or control of the child for the time being, or
parental responsibilities, within the meaning of section 1(3) of the Children (Scotland) Act 1995
Where a relevant person considers that persons are gathered together in contravention of the requirements mentioned in paragraph (5), the relevant person may—
direct the gathering to disperse,
direct any person in the gathering to return to the place where the person is living, or
remove any person in the gathering to the place where the person is living.
A relevant person may only exercise a power in paragraph (3), (4) or (7) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.
A relevant person exercising a power under paragraph (3), (4) or (7) may give the person concerned any reasonable instructions the relevant person considers necessary.
A constable, exercising the power in paragraph (7)(c) to remove a person to the place where the person is living, may use reasonable force, if necessary, in exercise of the power.
For the purpose of this regulation, a “
a constable, or
subject to paragraph (12), a person designated by a local authority.
A local authority may only designate a person for the purpose of this regulation in relation to the requirements in Part 1 (closure of premises) and Part 2 (other restrictions on business) in each of schedules 1 to 5.
For the purpose of this Part, references to a requirement include references to a restriction.
It is an offence for a person to contravene any of the restrictions or requirements in schedules 1 to 5
schedule 1, paragraphs
schedule 2, paragraphs
schedule 3, paragraphs
schedule 4, paragraphs
schedule 5, paragraphs
It is an offence for a person to obstruct any person carrying out a function under these Regulations.
It is an offence for a person to—
contravene a direction given under regulation 4, or
fail to comply with an instruction or prohibition notice given under regulation 4.
It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse.
A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding the statutory maximum.
If an offence under this regulation committed by a body corporate is proved to—
have been committed with the consent or connivance of an officer of the body, or
be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) commits the offence and is liable to be prosecuted and proceeded against and punished accordingly.
In paragraph (6), “
a company—
a director, secretary, manager or similar officer, or
where the affairs of the company are managed by its members, a member,
a limited liability partnership, a member,
a partnership other than a limited liability partnership, a partner, or
another body or association, a person who is concerned in the management or control of its affairs.
A relevant person may enter premises—
for the purpose of the performance of that person's functions under these Regulations, and
if the condition in paragraph (3)(a) is met.
A relevant person may enter premises at any time if—
that person reasonably suspects that an offence under regulation 5(1) is taking place on the premises,
that person reasonably believes that it is necessary and proportionate to enter the premises for the purpose of preventing the continuation of the offence, and
a condition in paragraph (3)(b), (c) or (d) is met.
The condition is that—
the person who appears to be the occupier of the premises has consented to the relevant person entering the premises,
the relevant person—
has requested permission to enter the premises from the person who appears to be the occupier of the premises, but permission has been refused, and
reasonably believes the situation to be urgent,
the occupier of the premises is temporarily absent and the relevant person reasonably believes the situation to be urgent, or
the entry is effected under the authority of a warrant issued under paragraph (10).
For the purposes of paragraph (3)(b)(ii) and (c), a reasonable belief in urgency means that the relevant person considers immediate entry to the premises to be necessary and proportionate for the purpose of preventing the continuation of the offence and for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination with coronavirus.
Where the offence referred to in paragraph (2)(a) is a contravention of paragraph 8 of schedule 1, paragraph 9 of schedule 2,
A relevant person entering premises in accordance with paragraph (1) or (2) may—
use reasonable force to enter the premises if necessary, and
take such other persons, equipment and materials onto the premises as the relevant person considers necessary.
A relevant person must, if requested to do so, provide a document or any other thing showing the relevant person's authority to exercise the power of entry in this regulation.
Subject to paragraph (9), for the purposes of this regulation, “
A relevant person within the meaning of regulation 4(11)(b) may only enter premises in relation to a requirement in Part 1 (closure of premises) or Part 2 (other restrictions on business) in any of schedules 1 to 5.
A sheriff or justice of the peace may by warrant authorise a relevant person to enter the premises.
A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.
A relevant person may issue a fixed penalty notice to a person the relevant person believes—
has committed an offence under these Regulations, and
is 18 years of age or over.
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.
The penalty payable in respect of a fixed penalty notice, subject to paragraphs (4) and (5), is £60.
Unless paragraph (5) applies, if £30 is paid before the end of the period of 28 days beginning with the date of the fixed penalty notice, then that is the amount of the fixed penalty (and the fixed penalty notice must make known the effect of this paragraph).
If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—
paragraph (4) does not apply, and
the penalty payable in the case of—
the second fixed penalty notice received is £120,
the third and subsequent fixed penalty notice received is double the amount specified in the last fixed penalty notice received by that person, to a maximum of £960.
For the purpose of paragraph (5), a fixed penalty notice issued under the following provisions is to be treated as if it were issued under these Regulations—
regulation 16 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020
regulation 9 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020
regulation 8 of the Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020
regulation 13 of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020
regulation 27 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020
For the purpose of these Regulations—
the form of a fixed penalty notice,
the effect of a fixed penalty notice, and
the procedure that applies to a fixed penalty notice,
are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004
The modifications are—
section 129(1) is to be disregarded,
the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),
the definition of “prescribed area” in section 129(2) is to be disregarded,
section 130(1), (2) and (3)(f) is to be disregarded,
the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,
in section 131(5)—
the reference to “
the reference to “a sum equal to one and a half times” is to be disregarded,
the references to “constable” in section 133(1) are to be construed as references to the relevant person within the meaning of this regulation,
the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a), and
in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995—
the reference to “
the reference to “
For the purpose of this regulation, “
Where the relevant person issuing a notice under paragraph (1) is a relevant person within the meaning of regulation 4(11)(b), the relevant person may require the person believed to have committed an offence (“A”) to give A's name and address.
When making that requirement, the relevant person must inform A that—
the relevant person believes A has committed an offence under these Regulations, and
failure to comply with the requirement may be an offence.
If A has been required under this section to give A's name and address and, without reasonable excuse, fails to do so, A will be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum.
The Scottish Ministers must review these Regulations at least every 21 days, with the first review to be carried out by 18 November 2020.
As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Scotland with coronavirus, the Scottish Ministers must revoke that restriction or requirement.
As soon as the Scottish Ministers consider that it is no longer necessary or proportionate for the Level 0 restrictions, Level 1 restrictions, Level 2 restrictions Level 3 restrictions or Level 4 restrictions to apply to an area specified in schedule 6, the Scottish Ministers must amend the Regulations so that those restrictions no longer apply to that area.
These Regulations expire on 31 March 2021.
This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.
In the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020
A local authority designated officer may enter premises— for the purpose of the performance of the officer's functions under these Regulations, and if the condition in paragraph (3)(a) is met. A local authority designated officer may enter premises if— the officer reasonably believes that— a direction under regulation 5(1), 6(1) or 7(1) is being, has been or is about to be contravened, and it is necessary and proportionate to enter the premises for the purpose of— ascertaining whether a contravention is taking, has taken or is about to take place, preventing the initiation or continuation of the contravention, and a condition in paragraph (3)(b), (c) or (d) is met. The condition is that— the person who appears to be the occupier of the premises has consented to the local authority designated officer entering the premises, the local authority designated officer— has requested permission to enter the premises from the person who appears to be the occupier of the premises, but permission has been refused, and reasonably believes the situation to be urgent, the occupier of the premises is temporarily absent and the local authority designated officer reasonably believes the situation to be urgent, or the entry is effected under the authority of a warrant issued under paragraph (8). For the purposes of paragraph (3)(b)(ii) and (c), a reasonable belief in urgency means that the local authority designated officer considers immediate entry to the premises to be necessary and proportionate for the purpose of preventing the continuation of the contravention and for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination of coronavirus. A local authority designated officer entering premises in accordance with paragraph (2) may— use reasonable force to enter the premises if necessary, and take such other persons, equipment and materials onto the premises as the local authority designated officer considers necessary. A local authority designated officer must, if requested to do so, provide a document or any other thing showing the officer's authority to exercise the power of entry in this regulation. For the purpose of this regulation, “ A sheriff or justice of the peace may by warrant authorise a relevant person to enter the premises. A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.
in regulation 13 (fixed penalty notices)—
regulation 16 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020, regulation 27 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020.
the references to “constable” in section 133(1) are to be construed as references to a constable or local authority designated officer,
Where the person issuing a notice under paragraph (1) is a local authority designated officer, the officer may require the person believed to have committed an offence (“A”) to give A's name and address. When making that requirement, the officer must inform A— that the officer believes A has committed an offence under these Regulations, and that failure to comply with the requirement may be an offence. If A has been required under this section to give A's name and address and, without reasonable excuse, fails to do so, A will be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum.
The Regulations listed in schedule 8 are revoked.