Coronavirus (Recovery and Reform) (Scotland) Act 2022

1. Introduction

2. The Act: Overview

   1. Part 1: Public Health Protection

      1. Chapter 1: Modifications of the Public Health etc. (Scotland) Act 2008

         1. Section 1: Public health protection measures

         2. Section 2: International travel regulations

         3. Section 3: Meaning of “premises”

      2. Chapter 2: Arrangements for vaccination and immunisation

         1. Section 4: Arrangements for vaccination and immunisation

   2. Part 2: Education

      1. Chapter 1: Educational establishments etc.

         1. Section 5: Interpretation of Chapter

         2. Section 6: Duty to have regard to public health advice

         3. Section 7: Guidance on public health measures

         4. Section 8: Regulations on continuing operation of educational establishments

         5. Section 9: Regulations on school boarding accommodation

         6. Section 10: Regulations on student accommodation

         7. Section 11: Compliance and enforcement

         8. Section 12: Procedure for regulations

         9. Section 13: Regulations: public health declarations

         10. Section 14: Regulations: further provision about public health declarations

         11. Section 15: Review of regulations

         12. Section 16: Duty to seek views about regulations

         13. Section 17: Report on public schools’ readiness for remote learning

      2. Chapter 2: School consultations

         1. Section 18: School consultations: meetings and documents

   3. Part 3: Public Service Reform

      1. Bankruptcy

         1. Section 19: Bankruptcy: service of documents

         2. Section 20: Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

         3. Section 21: Bankruptcy: remote meetings of creditors

         4. Diligence

            1. Section 22: Bank arrestments: protected minimum balance

            2. Section 23: Period of moratorium on diligence

            3. Section 24: Power to amend period of moratorium on diligence

      2. Registration of births

         1. Section 25: Giving information of particulars of birth remotely

      3. Registration of deaths

         1. Section 26: Funeral director giving information of particulars of death

         2. Section 27: Giving information of particulars of death remotely

      4. Further modifications of the Registration of Births, Deaths and Marriages Act

         1. Section 28: Regulations under the 1965 Act

      5. Civil Partnership Register

         1. Section 29: Power to make a register electronic

      6. Civic licensing

         1. Section 30: Civic licensing: how hearings may be held

         2. Section 31: Civic licensing: how notices may be published

      7. Alcohol licensing

         1. Section 32: Alcohol licensing: how hearings may be held

      8. Land registration

         1. Section 33: Electronic submission of copies of deeds and writs to Registers of Scotland

         2. Section 34: Register of Inhibitions: electronic signature of documents

      9. Legal Aid and Advice and Assistance

         1. Section 35: Claim for interim payment of fees and outlays

      10. Freedom of information

          1. Section 36: Freedom of information: giving notice electronically

      11. Mental health

          1. Section 37: Mental health: removal of need for witnessing of signature of nominated person

      12. Care services

          1. Section 38: Care services: giving of notices by SCSWIS

      13. Requirements of writing

          1. Section 39: Disapplication of physical presence requirements

      14. Custody at police stations

          1. Section 40: Custody officers’ functions

      15. Parole Board for Scotland

          1. Section 41: Chairperson’s functions

      16. Children’s hearings

          1. Section 42: Members of children’s hearings

   4. Part 4: Tenancies

      1. Removal of mandatory eviction grounds

         1. Section 43: Private residential tenancies: discretionary eviction grounds

         2. Section 44: Assured tenancies: discretionary eviction grounds

         3. Section 45: Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds

      2. Pre-action protocol in respect of evictions relating to rent arrears

         1. Section 46: Private residential tenancies: pre-action protocol

         2. Section 47: Assured tenancies: pre-action protocol

      3. Saving and transitional provision

         1. Section 48: Tenancies: saving provision

         2. Section 49: Tenancies: transitional provision

   5. Part 5: Temporary Justice Measures

      1. Overview

         1. Section 50: The measures

         2. Section 51: Power to suspend and revive

         3. Section 52: Expiry

         4. Section 53: Power to bring expiry forward

         5. Section 54: Regulations under Part 5

         6. Section 55: Criminal procedure time limits: consequential modifications

         7. Section 56: Criminal procedure time limits: transitional and saving provision

         8. Section 57: Effect of early release from prison or young offenders institution by virtue of regulations

   6. Part 6: Final Provisions

      1. Section 58: Ancillary provision

      2. Section 59: Commencement

      3. Section 60: Short title

3. Schedule: Temporary Measures

   1. Part 1: Courts and Tribunals: Conduct of business by electronic means, etc.

      1. Chapter 1: Documents

      2. Chapter 2: Attending a court or tribunal

         1. Overview of Chapter 2

         2. Suspension of requirement for physical attendance in non-criminal proceedings, criminal trials and certain processes

         3. Suspension for requirement for physical attendance in criminal proceedings, excluding trials and certain processes

         4. Attending by electronic means

         5. General directions under paragraph 8

      3. Chapter 3: Further provision

         1. Publication of directions and guidance

         2. Transitional provision for directions under earlier enactment

         3. Interpretation of Part

   2. Part 2: Fiscal fines

   3. Part 3: Failure to appear before court following police liberation

   4. Part 4: National jurisdiction for first callings from custody, etc.

      Ability to take first calling in any sheriff court and then maintain proceedings

      1. Ability of any sheriff court to deal with proceedings following failure to appear

      2. Further provision about extra-territorial jurisdiction

   5. Part 5: Criminal procedure time limits

      1. Chapter 1: Extension of periods

         1. Solemn proceedings: periods within which procedural hearings and trial must commence

         2. Summary proceedings: period within which prosecution for statutory offence must commence

         3. Pre-trial and pre-sentence remand period

      2. Chapter 2: Adjournment periods

         1. Power of court to adjourn cases

   6. Part 6: Proceeds of Crime

   7. Part 7: Prisons and young offenders institutions

      1. Power to release early

      2. Parliamentary scrutiny and expiry of regulations made under paragraph 25

4. Parliamentary History