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

Requirement to close certain premises in a Level 3 area to members of the publicS

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1.—(1) A person who is responsible for carrying on a listed business located in a Level 3 area must—

(a)close to members of the public any premises operated as part of the business, and

(b)not carry on business at such premises otherwise than in accordance with this regulation.

(2) In sub-paragraph (1), “listed business” means—

(a)a cinema,

(b)a nightclub, dance hall or discotheque,

(c)a concert hall,

(d)any other venue which—

(i)normally opens at night,

(ii)has a dance floor or other space for dancing or spectating by members of the public (and for these purposes, members of staff of the venue in question are to be considered members of the public), and

(iii)provides music, whether live or recorded,

(e)a sexual entertainment venue,

(f)an indoor or outdoor theatre,

(g)a comedy club,

(h)a soft play centre,

(i)a sports stadium,

(j)a conference or exhibition centre,

(k)a snooker or pool hall,

(l)a bowling alley,

(m)a casino,

(n)a bingo hall,

(o)a funfair,

(p)an amusement arcade,

F1(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Sub-paragraph (1) does not prevent the use of—

(a)premises, while those premises remain closed to members of the public, to—

(i)record a performance or sporting event,

(ii)broadcast a performance or sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or

(iii)rehearse, train, practise or otherwise prepare for a performance or sporting event,

(b)premises of a listed business in sub-paragraph (2)(c), (f), or (i) for education or training purposes,

(c)premises of a listed business in sub-paragraph (2)(i) for providing voluntary or charitable services,

(d)premises of a listed business in sub-paragraph (2)(a), (b), (c), (d), (f), (g), (i), or (j) for any purpose requested by the Scottish Ministers, a health board, a local authority or the Scottish Courts and Tribunals Service,

(e)any suitable premises to host blood donation sessions,

(f)any suitable premises that are used for the purposes of [F2training or competing by a professional sportsperson],

[F3(g)any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board,]

[F4(h)any suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]

(4) Sub-paragraph (1) does not prevent the use of premises, while those remain closed to members of the public, to take preparatory steps in pursuance of a requirement in paragraph 7.

[F5(4A) Sub-paragraph (1) does not prevent the use of premises for a drive-in event.]

(5) If a listed business (“business A”) forms part of a larger business (“business B”) the person responsible for carrying on business B complies with the requirement in sub-paragraph (1)(a) if it closes down business A.

[F6(6) In sub-paragraph (2)—

(a)“sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982,

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Commencement Information

I1Sch. 4 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)