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The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (revoked)

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Scottish Statutory Instruments

2020 No. 103

Public Health

The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

Made

at 7.15 p.m. on 26th March 2020

Laid before the Scottish Parliament

27th March 2020

Coming into force in accordance with regulation 1(1)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 2020 M1 (“the Act”) and all other powers enabling them to do so.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.

The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by, a resolution of the Scottish Parliament.

Marginal Citations

PART 1SIntroduction

Citation, commencement and applicationS

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 and come into force immediately after they are made.

[F1(2) These Regulations apply—

(a)in Scotland, and

(b)in 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,

“Scottish airspace” means the airspace above Scotland.]

Textual Amendments

Commencement Information

I1Reg. 1 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

The F2... review of need for restrictionsS

X12.—F3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Scottish Ministers must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16 April 2020.

(3) As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Scotland with coronavirus, the Scottish Ministers must [F4revoke] that restriction or requirement.

F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1The power conferred under this provision to make a direction may be exercised by means of a notice published in The Gazette

Textual Amendments

Commencement Information

I2Reg. 2 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

PART 2SRequirement to close premises and businesses

Requirement to close premises and businesses F6...S

3.—F7(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of schedule 1 must cease to carry on that business or to provide that service F8... .

(5) Paragraph (4) does not prevent the use of—

[F9(a)premises used for the businesses or services listed in paragraph 6 or 9 of schedule 1, while those premises remain closed to members of the public, to—

(i)record a performance,

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

(ii)rehearse or otherwise prepare for a performance,]

(b)any suitable premises used for the businesses or services listed in that schedule to host blood donation sessions.

[F10(c)premises by a business taking preparatory steps, while the premises remain closed to members of the public, in pursuance of the requirement in regulation 4(1).]

(6) If a business listed in Part F11... 2 of schedule 1 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph [F12(4)] if it closes down business A.

F13(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Reg. 3 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

[F14Requirement to take measures to minimise risk of exposure to coronavirusS

4.—(1) For the purposes of minimising the risk of the incidence and spread of coronavirus on the premises, a person responsible for a place of worship, carrying on a business or providing a service must take—

(a)measures to ensure, where reasonably practicable—

(i)the required distance is maintained between any persons on the premises (except between persons mentioned in paragraph (2)),

(ii)that people are admitted to its premises in sufficiently small numbers to make it possible to maintain the required distance,

(iii)that the required distance is maintained between any person waiting to enter its premises (except between persons mentioned in paragraph (2)),

(b)any other measures, where reasonably practicable, for that purpose, for example measures which limit close face to face interaction and maintain hygiene such as—

(i)changing the layout of premises including the location of furniture and workstations,

(ii)controlling use of entrances, passageways, stairs and lifts,

(iii)controlling use of shared facilities such as toilets and kitchens,

(iv)otherwise controlling the use of, or access to, any other part of the premises,

(v)installing barriers or screens,

(vi)providing or requiring use of personal protective equipment, and

(vii)providing information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.

(2) The persons mentioned in paragraph (1)(a)(i) and (iii) are—

(a)two or more members of the same household,

(b)a carer and the person assisted by the carer, or

(c)in relation to premises being used to provide school education, two or more people where at least one of them is a pupil.

(3) In this regulation—

“carer” includes a person who provides care for the person assisted whether that care is provided—

(a)

by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016,

(b)

on a paid basis, or

(c)

on a voluntary basis,

F15...

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

“reduced distance premises” means—

(a)

passenger transport service premises,

(b)

a building, room or other premises used for the retail sale or hire of goods, including—

(i)

restaurants, including restaurants and dining rooms in hotels or members’ clubs,

(ii)

cafes, including workplace canteens,

(iii)

bars, including bars in hotels or members’ clubs,

(iv)

public houses,

“required distance” means—

(a)

in relation to reduced distance premises, at least one metre, or

(b)

in all other cases, at least two metres,

“school education” has the meaning given by section 1(5)(a) of the Education (Scotland) Act 1980.]

Textual Amendments

[F16Requirement to collect and share information to minimise risk of spread of coronavirusS

4ZA.—(1) For the purposes of minimising the risk of the incidence and spread of coronavirus, this regulation applies to a person responsible for premises to which paragraph (2) applies.

(2) The premises to which this paragraph applies are restaurants, cafes, bars, public houses and hotels in which food or drink is sold for consumption on the premises.

(3) The persons mentioned in paragraph (1) must take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system suitable for recording, storing and retrieving such information,

(c)retain visitor information for a period of at least 21 days from the date on which the visit occurred.

(4) The person mentioned in paragraph (1) must provide visitor information to a public health officer, as soon as reasonably practicable but in any event within 24 hours, if so requested by the public health officer for the purposes of—

(a)preventing a threat to public health resulting from the spread of infection or contamination with coronavirus, or

(b)monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.

(5) In this regulation—

“person responsible for premises to which paragraph (2) applies” includes the owner, proprietor and manager of the premises,

“public health officer” has the meaning given in paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020, and

“visitor information” means the name and telephone number of one member of each household visiting the premises, the date of their visit and arrival time together with a note of the number of any members of that person’s household visiting the premises at the same time.]

Textual Amendments

[F14Guidance on minimising exposure to coronavirusS

4A.—(1) The Scottish Ministers may issue guidance on measures which should be taken, in accordance with regulation 4(1)(b), in order to minimise the risk of the incidence and spread of coronavirus.

(2) A person responsible for a place of worship, carrying on a business or providing a service must have regard to guidance issued by the Scottish Ministers relating to its premises, business or service.

(3) Guidance issued by the Scottish Ministers under paragraph (1) may—

(a)make different provision for different cases or descriptions of case,

(b)incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, a body representing members of an industry or a trade union).

(4) Regulation 7 (enforcement of requirements) does not apply to a contravention of the requirement in paragraph (2).]

Textual Amendments

PART 3SF17Restrictions on ... gatherings

Textual Amendments

Restrictions on movementS

F185.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F19Restrictions on [F20public gatherings] S

6.—[F21(1) No person may participate in a gathering in a public place except—

(a)where the gathering takes place outdoors and all the persons in the gathering are members of no more than five households,

(b)where the gathering takes place indoors and all the persons in the gathering are members of no more than three households,

[F22(c)to attend a funeral, marriage ceremony or civil partnership registration,]

(d)where the gathering is for the purposes of—

(i)work, or for the provision of voluntary or charitable services,

(ii)[F23childcare, 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)participation in legal proceedings or fulfilling a legal obligation,

(viii)donating blood,

(ix)accessing public services, including—

F24(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)social services,

(cc)services provided by the Department of Work and Pensions,

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

[F25(x)an organised outdoor activity,]

[F26(e)to attend a place of worship.]]

[F27(2) In paragraph (1), “gathering” means a situation where two or more people are present together in the same place in order to engage in any form of social interaction with each other.]

[F28(3) For the purposes of paragraph (1)(d)(x), an activity is an “organised outdoor activity” if it—

(a)takes place outdoors, and

(b)is organised by—

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

(ii)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.]]

Textual Amendments

F21Reg. 6(1) substituted (10.7.2020 except so far as it relates to gatherings for the purpose of supervised outdoor recreation for people who are under 18 years of age and 13.7.2020 so far as it relates to such gatherings) by The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/210), reg. 1(2)(3), 2(6)

[F29Restriction on parties in private dwellingsS

6ZA.—(1) No person may attend a party in a private dwelling.

(2) In paragraph (1)—

“party” means a social gathering where 16 or more people, who are members of more than one household, are present together in a place, except—

(a)

a funeral, marriage ceremony or civil partnership registration, or

(b)

where the gathering is for the purpose of—

(i)

work or providing voluntary or charitable services,

(ii)

childcare, education or training, or

(iii)

an act of worship.

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

(a)

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

(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,

(c)

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

(d)

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

(e)

student accommodation, within the meaning of paragraph 11(5) of schedule 16 of the Coronavirus Act 2020,

(f)

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

(g)

a prison,

(h)

a young offenders institution, within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989,

(i)

secure accommodation, within the meaning of section 108 of the Criminal Justice (Scotland) Act 2016,

(j)

a remand centre, within the meaning of section 19(1)(a) of the Prisons (Scotland) Act 1989.

Textual Amendments

Power to enter a private dwellingS

6ZB.—(1) A constable may enter a private dwelling if—

(a)the constable reasonably suspects that—

(i)there is a contravention of regulation 6ZA going on there, and

(ii)it is necessary and proportionate to enter the dwelling for the purpose of preventing the continuation of the contravention, and

(b)the condition in paragraph (2) is met.

(2) The condition mentioned in paragraph (1)(b) is that—

(a)the constable has requested any person reasonably suspected to be contravening regulation 6ZA to stop doing so, and

(b)the person has failed to comply with the request.

(3) The power of entry in this regulation—

(a)may be exercised at any time, and

(b)includes the power to use reasonable force.

(4) The constable must, if requested to do so, provide a document or any other thing showing the constable’s authority to exercise the power of entry in this regulation.]

Textual Amendments

[F30PART 3AS[F31Face coverings]

Textual Amendments

Requirement to wear a face covering on public transportS

6A.—(1) Except to the extent that a defence would be available under regulation 8(4), no person may use a passenger transport service or passenger transport service premises without wearing a face covering.

(2) Paragraph (1) does not apply to the wearing of a face covering—

(a)on a school transport service,

(b)on a cruise ship,

(c)by a child who is under the age of 5,

(d)by a constable acting in the course of their duty,

(e)by an emergency responder (other than a constable) acting in their capacity as an emergency responder,

(f)by a person providing a passenger transport service, or an employee of that person, where there is a partition between the person or employee and members of the public,

(g)by a person flying or otherwise operating a passenger transport service for the carriage of passengers by air,

(h)on a ferry where—

(i)the ferry, or the part of the ferry which is open to members of the public, is entirely outdoors, or

(ii)a distance of [F32at least] two metres can be maintained between any persons on the ferry or the part of the ferry which is open to members of the public.

F33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of paragraph (1)—

(a)a person uses a passenger transport service when—

(i)they are—

(aa)boarding any mode of transport by means of which a passenger transport service is provided, or

(bb)on board any mode of transport, whether or not for the purposes of travel, by means of which a passenger transport service is provided, and

(ii)that service is available for use by the public,

(b)a person uses passenger transport service premises when—

(i)they are present at premises where a passenger transport service may provide, stop or terminate their service, and

(ii)those premises are available for use by the public.]

Textual Amendments

[F34Requirement to wear a face covering in certain indoor public placesS

6B.—(1) Except to the extent that a defence would be available under regulation 8(4), no person may enter or remain within a place mentioned in paragraph (2) without a face covering.

(2) Those places are, where open to members of the public—

(a)any building, room or other premises used for the retail sale or hire of goods or services, except—

(i)restaurants with table service, including restaurants and dining rooms in hotels or members’ clubs,

(ii)cafes with table service, including workplace canteens,

(iii)bars, including bars in hotels or members’ clubs,

(iv)public houses,

(b)aquariums, indoor zoos or visitor farms, and any other indoor tourist, heritage or cultural site,

(c)banks, building societies and credit unions,

(d)cinemas,

(e)community centres,

(f)crematoriums and funeral directors premises,

(g)libraries and public reading rooms,

(h)museums and galleries,

(i)places of worship,

(j)post offices,

(k)storage and distribution facilities, including collection and drop off points.

[F35(l)amusement arcades and other indoor leisure facilities,

(m)bingo halls,

(n)bowling alleys,

(o)casinos,

(p)indoor funfairs.]

[F36(q)indoor fitness studios, gyms, swimming pools or other indoor leisure centres,

(r)indoor skating rinks.]

(3) Paragraph (1) does not apply to the wearing of a face covering—

(a)by a child who is under the age of 5,

(b)by a constable acting in the course of their duty,

(c)by an emergency responder (other than a constable) acting in their capacity as an emergency responder,

(d)by a person responsible for a place mentioned in paragraph (2), an employee of that person or a volunteer at the place, where—

(i)there is a partition between the person, employee or volunteer and members of the public, or

(ii)a distance of at least two metres is maintained between the person, employee or volunteer and members of the public,

(e)in a place of worship, by a person leading an act of worship where—

(i)there is a partition between that person and any other person, or

(ii)a distance of at least two metres is maintained between that person and any other person,

(f)at a funeral, marriage ceremony or civil partnership registration, by a person leading the service, ceremony or registration where—

(i)there is a partition between that person and any other person, or

(ii)a distance of at least two metres is maintained between that person and any other person.

(4) In this regulation, “a person responsible for a place mentioned in paragraph (2)” includes the owner, proprietor and manager of the place.]

Textual Amendments

PART 4SEnforcement

Enforcement of requirementsS

7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations.

(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a)the person is contravening a requirement in these Regulations, and

(b)it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

F37(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A constable, exercising the power in paragraph [F38(9)(c)] to remove a person to the place where they are living, may use reasonable force, if necessary, in exercise of the power.

(5) Where the person [F39contravening a requirement in these Regulations] is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where they are living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any such direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation [F406(1)] [F41or 6ZA(1)], the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) For the purposes of this regulation, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child.

(8) A relevant person may only exercise a power in paragraph [F42(5), (6) or (9)] if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(9) Where a relevant person considers that [F43people are gathered together in contravention of regulation 6 or 6ZA], the relevant person may—

(a)direct the gathering to disperse,

(b)direct any person in the gathering to return to the place where they are living, or

(c)remove any person in the gathering to the place where they are living.

F44(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) A relevant person exercising a power under paragraph F45... (5), (6) or (9) may give the person concerned any reasonable instructions they consider to be necessary.

(12) For the purposes of this regulation, a “relevant person” means—

(a)a constable, or

(b)subject to paragraph (13), a person designated by a local authority for the purposes of this regulation.

(13) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 3 or 4.

(14) For the purposes of this Part, references to a requirement include references to a restriction.

Textual Amendments

Commencement Information

I4Reg. 7 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Offences and penaltiesS

8.—(1) A person who contravenes a requirement in regulation [F463, 4(1)(a), [F474ZA,] 6, [F486ZA,] 6A, 6B or 7] commits an offence.

(2) A person who obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who contravenes a direction given under regulation 7, or fails to comply with a reasonable instruction or a prohibition notice given by a relevant person under regulation 7, commits an offence.

(4) It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse [F49(see [F50paragraph] (5A))].

F51(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52(5A) In relation to the wearing of a face covering, a reasonable excuse includes—

(a)to seek medical assistance,

(b)to provide care or assistance to a vulnerable person, including to provide emergency assistance,

(c)to avoid injury, illness or to escape a risk of harm,

(d)where the person cannot put on, wear or remove a face covering—

(i)because of any physical or mental illness or impairment or disability (within the meaning of section 6 of the Equality Act 2010),

(ii)without severe distress,

(e)to communicate with a person who has difficulties communicating (in relation to speech, language or otherwise),

(f)to eat or drink F53...,

(g)to take medication,

(h)to remove a face covering temporarily to comply with a request by a relevant person or another person acting in the course of their duties, and for the purposes of this sub-paragraph “relevant person” has the meaning given by regulation 7(12).

[F54(i)where the person is undertaking food handling tasks, to avoid risk to the hygiene or safety of food.]]

(6) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding the statutory maximum.

(7) 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.

(8) In paragraph (7), “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.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I5Reg. 8 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Fixed penalty noticesS

9.—(1) A constable may issue a fixed penalty notice to a person that the constable reasonably believes—

(a)has committed an offence under these Regulations, and

(b)is aged [F5518] years or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.

(3) The penalty payable in respect of a fixed penalty notice, subject to paragraph (4), is £60.

(4) Unless paragraph (5) applies, if £30 is paid before the end of the period of 28 days beginning with the date of the fixed penalty notice, then that is the amount of the fixed penalty (and the fixed penalty notice must make known the effect of this paragraph).

(5) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—

(a)paragraph (4) does not apply, and

(b)the penalty payable in the case of—

(i)the second fixed penalty notice received is £120,

(ii)the third and subsequent fixed penalty notice received is double the amount specified in the last fixed penalty notice received by that person, to a maximum of £960.

[F56(5A) For the purposes of paragraph (5), a fixed penalty notice issued under the following provisions is to be treated as if it were issued under these Regulations—

(a)regulation 8 of the Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020,

(b)regulation 13 of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020.]

(6) For the purposes of these Regulations—

(a)the form of a fixed penalty notice,

(b)the effect of a fixed penalty notice, and

(c)the procedure that applies to a fixed penalty notice,

are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 M2, as provided for in sections 129 to 134 of that Act [F57and sections 226B and 226I of the Criminal Procedure (Scotland) Act 1995]F58 , subject to the modifications in paragraph (7).

(7) The modifications are—

(a)section 129(1) is to be disregarded,

(b)the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),

(c)the definition of “prescribed area” in section 129(2) is to be disregarded,

(d)section 130(1), (2) and (3)(f) is to be disregarded,

(e)the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,

[F59(f)in section 131(5)—

(i)the reference to “in accordance with this Part” is to be construed as a reference to these Regulations, and

(ii)the reference to “a sum equal to one and a half times” is to be disregarded,] F60...

(g)the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a).

[F61(h)in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995—

(i)the reference to “by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004” is to be construed as a reference to that section as modified by this paragraph, and

(ii)the reference to “a fixed penalty notice given under section 129 (fixed penalty notices) of that Act” is to be construed as a reference to section 129 of the Antisocial Behaviour etc. (Scotland) Act 2004 as modified by this paragraph.]

Textual Amendments

F55Word in reg. 9(1)(b) substituted (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 7(2) (with s. 9)

F581995 c.46. Sections 226B and 226I were inserted by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Sections 226B and 226I have been amended but none of the amendments are relevant to these Regulations.

Commencement Information

I6Reg. 9 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Marginal Citations

PART 5SInterpretation and expiry

InterpretationS

10.  In these Regulations—

“child” means a person who is under 16 years of age,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 M3,

[F62“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984,]

[F63“extended household” means two households—

(a)

which have chosen to be treated as a single household, and

(b)

do not already form part of another extended household,]

[F64“face covering” means a covering of any type [F65(other than a face shield)] which covers a person’s nose and mouth,

“household” includes an extended household,]

[F66“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 under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006,

“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” includes the owner, proprietor, and manager of that business,

[F67“premises” includes any building or structure and any land,]

[F68“private dwelling” has the meaning given by regulation 6ZA(2),]

F69...

“vulnerable person” includes—

(a)

any person aged 70 or older,

(b)

any person under 70 who has an underlying health condition, including but not limited to, the conditions listed in schedule 2,

(c)

any person who is pregnant.

Textual Amendments

F64Words in reg. 10 inserted (19.6.2020 for specified purposes, 22.6.2020 in so far as not already in force) by The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 4) Regulations 2020 (S.S.I. 2020/182), regs. 1(2)(3)(c), 2(9)(a) (with reg. 1(4)(c))

Commencement Information

I7Reg. 10 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Marginal Citations

ExpiryS

11.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I8Reg. 11 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

JEANE FREEMAN

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulations 3 and 4

SCHEDULE 1SBusinesses subject to restrictions or closure

PART 2S

F715.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F726.  Indoor theatres.]S

Textual Amendments

7.  Nightclubs.S

Commencement Information

I9Sch. 1 para. 7 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

F738.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

9.  Concert halls.S

Commencement Information

I10Sch. 1 para. 9 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

F7410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7511.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7612.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7713.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7814.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7915.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8016.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

17.  Skating rinks.S

Commencement Information

I11Sch. 1 para. 17 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

18.  Indoor fitness studios, gyms, swimming pools F81... or soft play areas or other indoor leisure centres F82....S

Textual Amendments

Commencement Information

I12Sch. 1 para. 18 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

F8319.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8420.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8521.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8622.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8723.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Regulation 10

SCHEDULE 2SUnderlying Medical Conditions

1.  Chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis.S

Commencement Information

I13Sch. 2 para. 1 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

2.  Chronic heart disease, such as heart failure.S

Commencement Information

I14Sch. 2 para. 2 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

3.  Chronic kidney disease.S

Commencement Information

I15Sch. 2 para. 3 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

4.  Chronic liver disease, such as hepatitis.S

Commencement Information

I16Sch. 2 para. 4 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

5.  Chronic neurological conditions, such as Parkinson's disease, motor neurone disease, multiple sclerosis (MS), a learning disability or cerebral palsy.S

Commencement Information

I17Sch. 2 para. 5 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

6.  Diabetes.S

Commencement Information

I18Sch. 2 para. 6 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

7.  Problems with the spleen, such as sickle cell disease or if removal of the spleen has occurred.S

Commencement Information

I19Sch. 2 para. 7 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

8.  A weakened immune system as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy.S

Commencement Information

I20Sch. 2 para. 8 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

9.  Being seriously overweight, with a body mass index of 40 or above.S

Commencement Information

I21Sch. 2 para. 9 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations)

These Regulations require the closure of businesses selling food or drink for consumption on the premises, and businesses listed in Part 2 of schedule 1, to protect against the risks to public health arising from coronavirus, except in some cases. The closure lasts until a direction is given by the Scottish Ministers or the expiry of these Regulations in accordance with regulation 11. The Scottish Ministers are required to keep the need for these restrictions under review.

The Regulations also prohibit anyone leaving the place where they live without reasonable excuse, and ban public gatherings of more than two people.

The need for the restrictions in these Regulations must be reviewed by the Scottish Ministers every 21 days, with the first review being required to take place by 16 April 2020.

No impact assessment has been prepared for these Regulations.

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