The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020

Restriction on public gatherings in the protected area

11.—(1) A person must not participate in a gathering in a public place located within the protected area, unless the gathering—

(a) consists of no more than six persons from no more than two 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 six 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) attending a place of worship,

(iv) facilitating a house move,

(v) an organised activity which—

(aa) takes place outdoors, and

(bb) consists of a sport other than a contact sport,

(vi) an organised activity which is for persons under 18 year of age (whether indoors or outdoors),

(vii) organised exercise which—

(aa) takes place outdoors but is not a contact sport, or

(bb) is for persons under 18 years of age (whether indoors or outdoors),

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

(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) In this regulation, “gathering” means a situation where two or more persons, who are not members of the same household, are present together in a place in order to engage in any form of social interaction with each other.

(3) For the purposes of paragraph (1)(a), as it applies—

(a) indoors, 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, and

(b) outdoors, children under 12 years of age are not to be included when counting the number of persons or households participating in a gathering.

(4) For the purpose of paragraph 1(c)(v) to (vii), an activity or exercise is “organised” if it is organised by—

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

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

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

(d) a club or political organisation, or

(e) the governing body of a sport or other activity.

(5) For the purpose of paragraph (1)(c)(v) and (vii)—

“contact sport” means a sport or activity during which the participants—

(a)

are required to make physical contact with each other, or

(b)

do not generally maintain a distance of two metres from each other,

but does not include a sport or activity in which the participants are wholly or mainly professional sportspersons,

“professional sportsperson” means an individual who—

(a)

derives a living from competing in sport,

(b)

is a senior representative nominated by a relevant sporting body,

(c)

is a member of the senior training squad for a relevant sporting body, and

(d)

is not a child and is on an elite development pathway.

(6) For the purposes of the definition of professional sportsperson in paragraph (5)—

“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(a)

so that they may derive a living from competing in that sport, or

(b)

to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham,

“relevant sporting body”, in relation to a professional sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(a)

the professional sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(b)

the professional sportsperson’s nation at the Commonwealth Games to be held in Birmingham in those sports which are not part of the Tokyo Olympic and Paralympic Games programme, and

“senior representative”, in relation to a professional sportsperson, means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(a)

the professional sportsperson’s nation at the Tokyo or Beijing Olympic or Paralympic Games, or

(b)

the professional sportsperson’s nation at the Commonwealth Games to be held in Birmingham in a sport that is not part of the Tokyo Olympic and Paralympic Games programme.