Coronavirus (Scotland) Act 2020 Explanatory Notes

1. Introduction

2. Purpose

3. Detail about Provisions

   1. Advancement of equality and non-discrimination

   2. Ancillary provision

   3. Suspension, revival and expiry of the provisions of the Act

   4. Reporting

   5. Schedule 1 – eviction for dwelling-houses

      1. Private residential tenancies: eviction grounds to be discretionary

      2. Private residential tenancies: extension of notice periods

      3. Assured tenancies: eviction grounds to be discretionary

      4. Assured tenancies: extension of notice periods

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

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

      7. Scottish secure tenancies: extension of notice periods

      8. Power to modify notice periods

      9. Consequential modifications in relation to prescribed forms

      10. Errors in notices

   6. Schedule 2 - temporary extension of moratoriums on diligence

   7. Schedule 3 - Children and vulnerable adults

      1. Part 1 - Children

         1. Requirements as to members of children’s hearings

         2. Child assessment and child protection orders

         3. Maximum period for which a compulsory supervision order has effect

         4. Maximum period for which interim compulsory supervision order or interim variation of compulsory supervision order has effect

         5. Period within which children’s hearing must be heard in certain cases

         6. Children in secure accommodation

         7. Modification of certain time limits for making and determination of appeals etc.

         8. Attendance at children’s hearings etc.

         9. Authentication of children’s hearings documents

         10. Looked after children

      2. Part 2 – Vulnerable adults

         1. Care of adults with incapacity

   8. Schedule 4 – Justice

      1. Part 1 - Courts and tribunals: conduct of business by electronic means

         1. Electronic signatures and transmission of documents

         2. Suspension of requirements for physical attendance

         3.  Attendance by electronic means

         4. Further provision about attendance by electronic means

         5. Publication of directions and guidance

         6. Interpretation of Part

      2. Part 2 - Fiscal fines

         1. Fixed penalty: conditional offer by procurator fiscal

      3. Part 3 - Cases beginning with an appearance from custody

         1. Ability to take case in any sheriff court

      4. Part 4 – Extension of time limits

         1. Criminal proceedings: extension of time limits

      5. Part 5 – Evidence

         1. Exceptions to the rule that hearsay evidence is inadmissible

      6. Part 6 – Community orders

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

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

         3. Community orders: postponement

         4. Community orders: variation

      7. Part 7 – Parole Board

         1. Chairing of the Parole Board

         2. Modifications of Parole Board Rules

      8. Part 8 – Release of prisoners

         1. Early release of prisoners

         2. Regulations under paragraph 19: procedure and expiry

      9. Part 9 - Legal aid

         1. Assessment of claims for interim payment of fees and outlays

         2. Recovery of overpayment of interim fees or outlays paid to firms

         3. Payment of interim fees for civil legal aid to counsel

   9. Schedule 5 – Alcohol licensing

      1. Requirement to hold a hearing

      2. Premises licences

      3. Personal licence holders

      4. Licensing Boards etc.

      5. Modifications of duties of Licensing Standards Officers

      6. Notification by the chief constable

      7. Interpretation

      8. Modification of the Licensing (Procedure) (Scotland) Regulations 2007

   10. Schedule 6 – Functioning of public bodies

       1. Part 1 - Licensing other than alcohol licensing

       2. Part 2 - Freedom of information

       3. Part 3 - Duties in respect of reports and other documents

          1. Power to postpone publication and laying of reports

          2. Power to publish or make available documents for inspection electronically

          3. Resumption of duties in relation to reports and documents

       4. Part 4 – Local authority meetings

       5. Part 5 – Duties under the Public Finance and Accountability (Scotland) Act 2000

   11. Schedule 7 - Other measures in response to coronavirus

       1. Social security

       2. Irritancy clauses in commercial leases

       3. Duration of planning permission

       4. Land registration

          1. Electronic delivery of copy of deed to Registers of Scotland

          2. Period of Effect of Advance Notices

       5. Anatomy Act 1984

       6. Scrutiny of subordinate legislation in urgent cases

       7. Business improvement districts

       8. Muirburn

4. Parliamentary History