The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

PART 1SIntroductory

Citation, commencement and applicationS

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 and come into force at 6.00 a.m. on 2 November 2020.

(2) These Regulations apply in—

(a)Scotland, and

(b)Scottish airspace, in relation to a person who is on a mode of transport which took off from, or is to land at, a place in Scotland.

(3) In paragraph (2)—

“Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, and

“Scottish airspace” means the airspace above Scotland.

Commencement Information

I1Reg. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

InterpretationS

2.—(1) In these Regulations—

“alcohol” has the same meaning as in section 2 of the Licensing (Scotland) Act 2005 M1,

“child” means a person who is under 16 years of age, and “childcare” is to be construed accordingly,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 M2,

“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,

F1...

[F2“electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983,]

“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,

“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984 M3,

[F3“end of term household” means a household consisting of—

(a)

one or more students of a further education institution or a higher education institution within the meaning of—

(i)

paragraph 6 of schedule 16 of the Coronavirus Act 2020,

(ii)

heads (c) to (f) in the definition of “educational institution” in paragraph 1(11) of schedule 16 of that Act, or

(iii)

heads (b) to (e) in the definition of “educational institution” in paragraph 1(12) of schedule 16 of that Act,

(iv)

the definition of “relevant institution” in paragraph 15(11) of schedule 16 of that Act, and

(b)

one other household with which the student F4... , or as the case may be students [F5chose to live] in a place which [F6was] the student’s or students’ sole or main residence during the period between the first and second academic terms [F7and which continues to be the student’s or students’ sole or main residence],]

“extended household” means two individual households which have chosen to be treated as the same household for the purposes of the restrictions in these Regulations, but an individual household may only form part of one extended household at any one time,

“face covering” means a covering of any type (other than a face shield) which covers a person's nose and mouth,

“food and drink business” means—

(a)

a restaurant, including a restaurant or dining room in a hotel or members' club,

(b)

a takeaway service,

(c)

a cafe or canteen,

(d)

a bar, including a bar in a hotel or members' club,

(e)

a public house,

[F8“further education institution” has the meaning given in paragraph 6 of schedule 16 of the Coronavirus Act 2020,]

“gathering” means a situation where two or more persons, who are not members of the same household, are present together in the same place in order—

(a)

to engage in any form of social interaction with each other, or

(b)

to undertake any other activity with each other,

[F8“higher education institution” has the meaning given in paragraph 6 of schedule 16 of the Coronavirus Act 2020,]

“household” means—

(a)

one person living alone, or

(b)

a group of persons living together in the same place as a family or other unit (whether or not related) and who have the place as their only or main residence,

“indoors” means a place which would be considered to be wholly or substantially enclosed for the purposes of section 4(2) of the Smoking, Health and Social Care (Scotland) Act 2005 M4 under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 M5, and “outdoors” is to be construed accordingly,

“Level 0 area”, “Level 1 area”, “Level 2 area”, “Level 3 area” and “Level 4 area” have the meanings given in regulation 3(6),

[F9“live event” means an event or activity which brings individuals together for the purpose of community, culture, sport, recreation, entertainment, art or business but does not include—

(a)

an event or activity which relates to a funeral, marriage ceremony or civil partnership,

(b)

a mass participation event such as a marathon, triathlon, or moonwalk,

(c)

an event designated by the Scottish Ministers as a flagship event according to criteria, and in a list, published by the Scottish Ministers,

(d)

a showing in a cinema,

(e)

a drive-in event,

(f)

an organised picket,

(g)

a public or street market, or

(h)

an illuminated trail,]

“passenger transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or sea,

“passenger transport service premises” means off-road premises where a passenger transport service may stop or terminate, allowing passengers on and off,

“a person who is responsible for carrying on a business” and similar expressions include the owner, occupier and manager,

“premises” includes any building or structure and any land,

“private dwelling” means a caravan, houseboat or any building, or part of a building, used or intended to be used as a dwelling (including any garden or yard and any indoor passage or stair, outhouse or other structure of the dwelling) but does not include—

(a)

accommodation in a hotel, hostel, members club, boarding house or bed and breakfast,

(b)

accommodation provided by a care home service, within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010 M6,

(c)

accommodation for children at a residential establishment, within the meaning of section 93(1) of the Children (Scotland) Act 1995 M7,

(d)

school boarding accommodation, within the meaning of paragraph 10(5) of schedule 16 of the Coronavirus Act 2020 M8,

(e)

accommodation intended for use by the army, navy or air force,

(f)

a prison,

(g)

a young offenders institution F10... ,

(h)

secure accommodation F11... , and

(i)

a remand centre F12...,

[F13“professional sportsperson” means an individual who—

(a)

either—

(i)

derives a living from competing in sport,

(ii)

is a senior representative nominated by a relevant sporting body,

(iii)

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

(iv)

is on an elite development pathway, and

(b)

trains or competes in a sport for which a resumption of performance sport plan has been approved by sportscotland or the Scottish Ministers,]

“public place” means a place to which the public, or a section of the public, has access whether on payment or otherwise,

“public procession” means a procession in a public place, whether or not involving the use of vehicles or other conveyances,

[F14“registered political party” has the meaning given in section 202(1) of the Representation of the People Act 1983,]

“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, F15...

(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, [F16or]

(c)

[F17the professional sportsperson’s nation at a relevant sporting event,]

[F18“relevant sporting event” means an international championship in a sport for which there is a recognised sport governing body (having the meaning given by section 217C(2) of the Corporation Tax Act 2010),]

[F8“remand centre” has the meaning given in section 19(1)(a) of the Prisons (Scotland) Act 1989,]

[F19“resumption of performance sport plan”, in relation to a professional sportsperson, means a plan relating to the safe resumption of a professional and performance (elite) sport which is prepared by the governing body of that sport for approval by sportscotland or the Scottish Ministers in line with guidance published by sportscotland,]

[F20“returning officer” means an officer who is—

(a)

appointed by, or by an order under, section 25 of the Representation of the People Act 1983,

(b)

appointed under section 41(1) of the Representation of the People Act 1983,

(c)

a constituency returning officer appointed by or under an order under section 12(1) of the Scotland Act 1998, or

(d)

a regional returning officer appointed by an order under section 12(6) of the Scotland Act 1998,]

“school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M9,

[F8“secure accommodation” has the meaning given in section 108 of the Criminal Justice (Scotland) Act 2016,]

“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, F21...

(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, [F22or]

(c)

[F23the professional sportsperson’s nation at a relevant sporting event,]

“shared parenting arrangements” includes, in relation to children who do not live in the same household as their parents, or one of their parents, arrangements for contact between parents and their children, and for the purposes of this definition “parent” includes a person who, not being a parent of the child—

(a)

has contact with the child pursuant to an order of court, or

(b)

has previously had care of the child, and

[F19“sportscotland” means the Scottish Sports Council,]

“student accommodation” has the meaning given in paragraph 11(5) of schedule 16 of the Coronavirus Act 2020,

[F8“young offenders institution” has the meaning given in section 19(1)(b) of the Prisons (Scotland) Act 1989.]

(2) For the purpose of these Regulations, references to a household include an extended household [F24or end of term household].

[F25(3) For the purpose of these Regulations, activities are undertaken for election purposes if they are undertaken—

(a)for the purposes of or in connection with—

(i)promoting or procuring electoral success for a registered political party, or

(ii)promoting or procuring a candidate’s election, or

(b)otherwise with a view to influencing how electors vote in an election.]

[F26(4) For the purposes of these Regulations, a person is not to be considered, by virtue of only being present at the same premises, venue or other setting as another person, as either—

(a)engaging in a form of social interaction with that other person, or

(b)undertaking an activity with that other person.

(5) For the purpose of paragraph (1), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992,

(b)the organiser of the picket has taken such measures described in paragraph 3(1)(a) and (b) of schedule 1, paragraph 4(1)(a) and (b) of schedule 2 or paragraph 8(1)(a) and (b) of schedule 3 as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M12005 asp 16. Section 2 was amended by section 54 of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10).

M31984 c.51. Section 153A was inserted by section 75 of the Finance Act 2015 (c.11).

M71995 c.36, relevantly amended by S.I. 2013/1465.