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SCHEDULE 5SLevel 4 Restrictions

PART 3SRestrictions on gatherings

Restriction on public gatherings indoors in F1... Level 4 areaS

11.—(1) A person must not participate in a gathering in a public place located in a Level 4 area, unless the gathering—

(a)consists of no more than [F2four] persons from no more than two households,

(b)is for the purpose of—

(i)work or providing voluntary or charitable services,

(ii)childcare, education or training,

F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)providing care or assistance to a vulnerable person,

(v)providing emergency or medical assistance,

(vi)avoiding injury, illness or escaping a risk of harm,

(vii)facilitating a house move,

(viii)facilitating shared parenting arrangements,

(ix)participating in legal proceedings or fulfilling a legal obligation,

(x)donating blood,

(xi)accessing public services, including—

(aa)social services,

(bb)services provided by the Department for Work and Pensions,

(cc)services provided to victims (such as victims of crime),

(c)[F4is] a funeral, F5...

[F6(ca)is a marriage ceremony or civil partnership registration and—

(i)consists of no more than 5 persons, or

(ii)where an interpreter is required to attend, consists of no more than 6 persons,]

[F7(cb)is a commemorative event for a person who has died but is not a wake or a funeral tea,] or

(d)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) For the purpose of sub-paragraph (1)(a), 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.

Textual Amendments

Commencement Information

I1Sch. 5 para. 11 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on public gatherings outdoors in a Level 4 areaS

12.—(1) A person must not participate in a gathering in a public place outdoors located in a Level 4 area, unless the gathering—

[F8(a)consists of no more than 4 persons from no more than two households,]

[F9(b)consists of no more than 4 persons from no more than 4 households, who are all under 18 years of age, where at least one person in the gathering has attained 12 years of age,]

(c)consists of persons who are all under 12 years of age,

(d)is for the purpose of—

(i)work or providing voluntary or charitable services,

(ii)childcare, education or training,

F10(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)providing care or assistance to a vulnerable person,

(v)providing emergency or medical assistance,

(vi)avoiding injury, illness or escaping a risk of harm,

(vii)facilitating a house move,

(viii)facilitating shared parenting arrangements,

(ix)participating in legal proceedings or fulfilling a legal obligation,

(x)donating blood,

(xi)accessing public services, including—

(aa)social services,

(bb)services provided by the Department for Work and Pensions,

(cc)services provided to victims (such as victims of crime),

[F11(xii)organised exercise which—

(aa)is not a contact sport, or

(bb)is for persons under 12 years of age,]

[F12(xiii)an organised activity, which is not a public procession, and which is for persons who are all under 18 years of age,]

(e)[F13is] a funeral, F14...

[F15(ea)is a marriage ceremony or civil partnership registration and—

(i)consists of no more than 5 persons, or

(ii)where an interpreter is required to attend, consists of no more than 6 persons,]

[F16(eb)is a commemorative event for a person who has died but is not a wake or funeral tea,] or

(f)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) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons or households participating in a gathering.

(3) For the purpose of [F17[F18sub-paragraph (1)(d)(xii) and (xiii)], exercise or activity] is “organised” if—

(a)it is organised by—

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

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

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

(iv)a club or political organisation, or

(v)the governing body of a sport or other activity, and

(b)the organiser has taken such measures described in paragraph 8(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

Textual Amendments

Commencement Information

I2Sch. 5 para. 12 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on gatherings in private dwellings in a Level 4 areaS

13.—(1) A person must not attend a gathering in a private dwelling located in a Level 4 area, unless the gathering—

[F19(a)takes place outdoors and consists of no more than [F204 persons from no more than 2 households],]

(b)takes place outdoors and—

[F21(i)consists of no more than 4 persons from no more than 4 households, who are all under 18 years of age, where at least one person in the gathering has attained 12 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 [F22, but, where the work or provision of services is for the purpose of the upkeep, maintenance or functioning of the dwelling, a person may attend the gathering only if the work or provision of services is essential for that purpose],

(ii)childcare, education or training,

(iii)providing care or assistance to a vulnerable person,

(iv)providing emergency or medical assistance,

(v)avoiding injury, illness or escaping a risk of harm,

(vi)facilitating a house move,

(vii)fulfilling a legal obligation,

(viii)facilitating shared parenting arrangements,

(d)is a funeral, F23...

[F24(da)is a marriage ceremony or civil partnership registration and—

(i)consists of no more than 5 persons, or

(ii)where an interpreter is required to attend, consists of no more than 6 persons, or]

(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) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of people or households attending a gathering.

Textual Amendments

Commencement Information

I3Sch. 5 para. 13 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)