- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020, Section 12.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
12.—(1) A person who contravenes a direction under regulation 5(1), 6(1) or 7(1) commits an offence.
(2) A person who contravenes the following provision of these Regulations commits an offence—
(a)regulation 8(2),
(b)regulation 8(3).
(3) A person who contravenes a direction given by a constable under regulation 11, or who fails to comply with a reasonable instruction or a prohibition notice under regulation 11, commits an offence.
(4) A person who obstructs a person carrying out a function under these Regulations commits an offence.
(5) It is a defence to a charge of committing an offence under paragraph (1), (2), (3) or (4) to show that the person, in the circumstances, had a reasonable excuse.
(6) For the purposes of the offence referred to in paragraph (2)(b), a reasonable excuse includes that—
(a)the person owns, occupies or is responsible for any land or premises in a public outdoor place to which the direction relates,
(b)the person needs to enter a public outdoor place to which the direction relates to obtain access to, or to leave, the place where they are living,
(c)the person is visiting a person who falls within a description of person in sub-paragraph (a) or (b),
(d)the person needs to enter or remain in a public outdoor place to which the direction relates—
(i)to avoid injury or illness or to escape a risk of harm,
(ii)to continue existing arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents, or one of their parents,
(iii)to fulfil a legal obligation or to participate in legal proceedings,
(e)it is reasonably necessary for a person to enter or remain in a public outdoor place to which the direction relates—
(i)for work purposes, or for the provision of voluntary or charitable services,
(ii)to facilitate a house move,
(iii)to provide care or assistance to a vulnerable person, or
(iv)to provide emergency assistance.
(7) An offence under this regulation is punishable on summary conviction by a fine not exceeding the statutory maximum.
(8) If an offence under this regulation committed by a body corporate is proved—
(a)to have been committed with the consent or connivance of an officer of the body, or
(b)to 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.
(9) In paragraph (6), “officer” in relation to a body corporate means —
(a)in the case of a company—
(i)a director, secretary, manager or similar officer, or
(ii)where the affairs of the company are managed by its members, a member,
(b)in the case of a limited liability partnership, a member,
(c)in the case of a partnership other than a limited liability partnership, a partner,
(d)in the case of another body or association, a person who is concerned in the management or control of its affairs.
Commencement Information
I1Reg. 12 in force at 28.8.2020, see reg. 1(2)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys