The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

PART 3 S Restrictions on gatherings

Restriction on public gatherings indoors in a Level 1 area S

7.—(1) A person must not participate in a gathering in a public place indoors located in a Level 1 area, unless the gathering—

(a) consists of no more than six persons from no more than two households,

(b) is for the purpose of—

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) attending a place of worship,

(iv) providing care or assistance to a vulnerable person,

(v) providing emergency or medical assistance,

(vi) avoiding injury, illness or escaping a risk of harm,

(vii) facilitating a house move,

(viii) facilitating shared parenting arrangements,

(ix) participating in legal proceedings or fulfilling a legal obligation,

(x) donating blood,

(xi) accessing public services, including—

(aa) social services,

(bb) services provided by the Department for Work and Pensions,

(cc) services provided to victims (such as victims of crime),

(xii) an organised activity,

(xiii) organised exercise which—

(aa) is not a contact sport, or

(bb) is for persons under 18 years of age,

(c) relates to a funeral, marriage ceremony or civil partnership registration, or

(d) is taking place in student accommodation, where all the persons in the gathering—

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) 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 participating in a gathering but are to be included when counting the number of households participating in a gathering.

(3) For the purpose of sub-paragraph (1)(b)(xii) and (xiii), an activity or exercise is “organised” if—

(a) it is organised by—

(i) a person who is responsible for carrying on a business or providing a service,

(ii) a person who is responsible for a place of worship,

(iii) a charity or other not for profit organisation,

(iv) a club or political organisation, or

(v) the governing body of a sport or other activity, and

(b) the organiser has taken such measures described in paragraph 4(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

Commencement Information

I1 Sch. 2 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on public gatherings outdoors in a Level 1 area S

8.—(1) A person must not participate in a gathering in a public place outdoors located in a Level 1 area, unless the gathering—

(a) consists F1 ... of no more than eight persons from no more than three households,

[F2 (b) consists of no more than eight persons who are all under 18 years of age, where at least one person in the gathering has attained 12 years of age but has not attained 18 years of age,]

(c) consists of persons who are all under 12 years of age,

(d) is for the purpose of—

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) attending a place of worship,

(iv) providing care or assistance to a vulnerable person,

(v) providing emergency or medical assistance,

(vi) avoiding injury, illness or escaping a risk of harm,

(vii) facilitating a house move,

(viii) facilitating shared parenting arrangements,

(ix) participating in legal proceedings or fulfilling a legal obligation,

(x) donating blood,

(xi) accessing public services, including—

(aa) social services,

(bb) services provided by the Department for Work and Pensions,

(cc) services provided to victims (such as victims of crime),

(xii) an organised activity which is not a public procession,

(xiii) organised exercise,

(e) relates to a funeral, marriage ceremony or civil partnership registration, or

(f) is taking place in student accommodation, where all the persons in the gathering—

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) 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 or households participating in a gathering.

(3) For the purpose of sub-paragraph (1)(d)(xii) and (xiii), an activity or exercise is “organised” if—

(a) it is organised by—

(i) a person who is responsible for carrying on a business or providing a service,

(ii) a person who is responsible for a place of worship,

(iii) a charity or other not for profit organisation,

(iv) a club or political organisation, or

(v) the governing body of a sport or other activity, and

(b) the organiser has taken such measures described in paragraph 4(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

Textual Amendments

F1 Words in sch. 2 para. 8(1)(a) 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, 8(a)

F2 Sch. 2 para. 8(1)(b) 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, 8(b)

Commencement Information

I2 Sch. 2 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on gatherings in private dwellings in a Level 1 area S

9.—(1) A person must not attend a gathering in a private dwelling located in a Level 1 area, unless the gathering—

(a) takes place outdoors and consists of no more than [F3 eight] persons from no more than [F4 three] households,

(b) takes place outdoors and—

(i) where at least one person in the gathering has attained 12 years of age but has not attained 18 years of age, consists of no more than [F5 eight] persons who are all under 18 years of age, or

(ii) all the persons in the gathering are under 12 years of age,

(c) is for the purpose of—

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) providing care or assistance to a vulnerable person,

(iv) providing emergency or medical assistance,

(v) avoiding injury, illness or escaping a risk of harm,

(vi) facilitating a house move,

(vii) facilitating shared parenting arrangements,

(viii) fulfilling a legal obligation,

(d) [F6 is] a funeral, marriage ceremony or civil partnership registration, or

(e) is taking place in student accommodation, where all the persons in the gathering—

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of people or households attending a gathering.

Textual Amendments

F3 Word in sch. 2 para. 9(1)(a) 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, 9(a)(i)

F4 Word in sch. 2 para. 9(1)(a) 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, 9(a)(ii)

F5 Word in sch. 2 para. 9(1)(b)(i) 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, 9(b)

F6 Word in sch. 2 para. 9(1)(d) substituted (18.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/439), regs. 1, 5

Commencement Information

I3 Sch. 2 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)