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9.—(1) It is an offence to contravene a requirement in—
(a)regulation 6(2), or
(b)regulation 6(7).
(2) It is an offence to contravene a requirement in or imposed under regulation 8.
(3) It is an offence for P to provide false or misleading information for the purposes of Part 3 or 4 where P—
(a)knows that the information is false or misleading, or
(b)is reckless as to whether the information is false or misleading.
(4) A person who deliberately obstructs any person carrying out a function under these Regulations commits an offence
(5) It is a defence to a charge of committing an offence under paragraph (1)(b), (2) (3) or (4) to show that the person, in the circumstances, had a reasonable excuse.
(6) It is a defence to a charge of committing an offence under paragraph (1)(a) for the person to show that they are outside of the place where they are staying in accordance with regulation 6(2) for one of the following reasons—
(a)to travel in order to leave Scotland, provided that they do so directly,
(b)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household),
(c)to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of schedule 1 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020(1),
(d)on compassionate grounds, to attend a funeral of—
(i)a member of the person’s household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) is attending, a friend
(e)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,
(f)to access public services (including social services or victims’ services) where—
(i)access to the service is critical to P’s well-being, and
(ii)the service cannot be provided if P remains at the premises,
(g)to avoid injury, illness or to escape a risk of harm, or
(h)to move to a different place for the purposes of regulation 6(2) where—
(i)a legal obligation requires P to change the premises at which P resides for the purposes of regulation 6(2), or
(ii)P is otherwise unable to remain at the premises at which P is residing for the purpose regulation 6(2).
S.S.I. 2020/103, as amended by S.S.I. 2020/106, S.S.I. 2020/126 and S.S.I. 2020/164.
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