Sch. 4 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Sch. 4 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Sch. 4 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Sch. 4 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Sch. 4 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Sch. 4 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
Word in sch. 4 para. 3(4) substituted (5.5.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 22) Regulations 2021 (S.S.I. 2021/202), regs. 1(2), 5(2)
Sch. 4 para. 4 omitted (26.4.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021 (S.S.I. 2021/193), regs. 1(2), 6(4)
Sch. 4 para. 5(1) substituted (26.4.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021 (S.S.I. 2021/193), regs. 1(2), 6(5)
Sch. 4 para. 5(3) omitted (13.11.2020 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 10(a)
Words in sch. 4 para. 5(4) 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, 10(b)
Sch. 4 para. 5(8) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 7(b)
Sch. 4 para. 5(9) inserted (29.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/49), regs. 1, 4(b)
Word in sch. 4 para. 6(1)(a) substituted (5.5.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 22) Regulations 2021 (S.S.I. 2021/202), regs. 1(2), 5(3)
Word in sch. 4 para. 6(1)(b) substituted (26.4.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021 (S.S.I. 2021/193), regs. 1(2), 6(6)(a)
Word in sch. 4 para. 6(1)(b) substituted (26.4.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021 (S.S.I. 2021/193), regs. 1(2), 6(6)(b)
Sch. 4 para. 6(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, 11
Closing bracket in sch. 4 para. 7(1)(a)(i) 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, 18(2)(c)
Closing bracket in sch. 4 para. 7(1)(a)(iii) 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, 18(2)(c)
Sch. 4 para. 7(2)(aa) inserted (17.5.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 23) Regulations 2021 (S.S.I. 2021/209), regs. 1(2), 9(2)
Word in sch. 4 para. 7(2)(b) omitted (5.6.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021 (S.S.I. 2021/227), regs. 1(2), 7(a)
Word in sch. 4 para. 7(2)(c) inserted (5.6.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021 (S.S.I. 2021/227), regs. 1(2), 7(b)
Sch. 4 para. 7(2)(d) inserted (5.6.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021 (S.S.I. 2021/227), regs. 1(2), 7(c)
Word in sch. 4 para. 7(4)(c) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 3
Sch. 4 para. 9(2) substituted (2.4.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 19) Regulations 2021 (S.S.I. 2021/180), regs. 1(2), 8(3)
Sch. 4 para. 9A inserted (22.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(3), 5
Sch. 4 para. 9A cross-heading substituted (23.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (S.S.I. 2021/35), regs. 1, 3(a)
Words in sch. 4 para. 9A(4) substituted (23.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (S.S.I. 2021/35), regs. 1, 3(b)(i)
Words in sch. 4 para. 9A(4) substituted (23.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (S.S.I. 2021/35), regs. 1, 3(b)(ii)
Section 1(5)(a) was amended by schedule 3 of the Standards in Scotland's Schools etc. Act 2000 (asp 6), paragraph 3(2)(a) of schedule 3 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and paragraph 2(2)(c) of schedule 5 of the Children and Young People (Scotland) Act 2014 (asp 8).
A person who is responsible for carrying on a food and drink business in a Level 3 area may sell food or drink for consumption on the premises only if—
where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and
the customer remains seated whilst consuming the food or drink on the premises.
For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.
If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.
Sub-paragraph (1) is subject to the restrictions in
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to paragraph 6, a person who is responsible for carrying on a food and drink business in a Level 3 area must, in relation to any premises, or parts of the premises, which are indoors—
cease selling or supplying alcohol for consumption on any part of its premises which are indoors,
not permit consumption of alcohol indoors,
between the hours of 2000 and 0600—
close the premises or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,
cease selling food or drink for consumption on those premises,
not permit consumption of food or drink on those premises by members of the public.
Sub-paragraph (1) does not prevent food or drink being sold—
for consumption off the premises,
by a hotel or other accommodation for consumption as part of room service,
by a hotel or other accommodation between the hours of 0600 and 2200 for consumption by its residents in any other area of the hotel or accommodation,
for consumption in a cafe, dining hall or canteen at—
a hospital or care home,
a school or student accommodation,
a prison,
an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or
a workplace canteen where—
there is no practical alternative for staff at that workplace to obtain food, and
so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,
for consumption in premises providing food or drink to homeless persons,
for consumption in premises which are airside at an airport,
premises which are on a ferry.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sub-paragraph
Sub-paragraph (1) does not prevent—
the consumption of food or drink by a resident of a hotel in their private room,
the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (2)(d) to (g).
For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.
If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.
Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.
Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.
Where sub-paragraph (2) applies, the requirements in paragraph 5 (restrictions on food and drink businesses in a Level 3 area) apply with the following modifications—
sub-paragraph (1)(a) to
sub-paragraph (2) is omitted.
This sub-paragraph applies where a food and drink business located in a Level 3 area is providing services in connection with—
a marriage ceremony or civil partnership registration, or
a funeral.
A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 3 area must take—
measures to ensure, so far as reasonably practicable, that—
the required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)
persons are admitted to its premises in sufficiently small numbers to make it possible to maintain the required distance, and
the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)
all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, for example measures which limit close face to face interaction and maintain hygiene such as—
changing the layout of premises including the location of furniture and workstations,
controlling the use of entrances, passageways, stairs and lifts,
controlling the use of shared facilities such as toilets and kitchens,
otherwise controlling the use of, or access to, any other part of the premises,
installing barriers or screens,
providing, or requiring the use of, personal protective equipment, and
providing information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.
The persons mentioned in sub-paragraph (1)(a)(i) and (iii) are—
two or more members of the same household,
a child under 12 years of age and any other person,
a carer and the person assisted by that carer,
in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil
where a marriage ceremony or civil partnership registration is taking place—
one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and
one or both parties to the marriage or civil partnership.
In this paragraph—
“
by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016
on a paid basis, or
on a voluntary basis,
“
“
in relation to reduced distance premises, at least one metre, or
in all other cases, at least two metres,
“
In the definition of “required distance” in sub-paragraph (3), “
passenger transport service premises,
restaurants, including restaurants and dining rooms in hotels or members' clubs,
cafes,
bars, including bars in hotels or members' clubs, and
public houses.
A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 3 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 7(1)(b) relating to its premises, business or service.
Guidance issued by the Scottish Ministers may—
make different provision for different cases or descriptions of case,
incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, a body representing members of an industry or a trade union).
Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).
A person who is responsible for a relevant hospitality premises in a Level 3 area must, in relation to the premises, take measures to—
obtain and record visitor information,
record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and
retain visitor information for a period of at least 21 days beginning with the date on which the visit occurred.
Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—
purchasing or collecting food or drink for consumption off the premises, or
voting in an election.
A person who is responsible for a relevant hospitality premises must provide visitor information to a public health officer, as soon as reasonably practicable but in any event within 24 hours, if so requested by the public health officer for the purpose of—
preventing a threat to public health resulting from the spread of infection or contamination with coronavirus,
monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.
In this paragraph—
“
“
a restaurant, cafe, bar or public house, or
a hotel in which food or drink is sold for consumption on the premises, and
“
the name and telephone number of one member of each household visiting the premises,
the date of their visit and arrival time, and
the number of members of that person's household visiting the premises at that time.
No person may attend at a dwelling house for the purpose of—
serving a charge for removing, or
executing a decree for removing from heritable property.
Sub-paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in—
Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 1984,
Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 1988,
Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 2001, or
Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016.
The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) does not run during any period for which this paragraph has effect.
In this paragraph—
“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007,
paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—
section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 1894, or
section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970,
paragraph (f),
paragraph (g), or
paragraph (k).