Directions by local authorities: generalI13
1
A local authority may give a direction under regulation 5(1), 6(1) or 7(1) only if the authority considers that the following conditions are met—
a
that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority's area, and
b
that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.
2
Where a local authority gives a direction under regulation 5(1), 6(1) or 7(1) the local authority must—
a
notify the Scottish Ministers as soon as reasonably practicable after the direction is given, and
b
at least once every 7 days review whether the conditions in paragraph (1) continue to be met.
3
If on a review of a direction under paragraph (2)(b) a local authority considers that one or both of the conditions in paragraph (1) is no longer met in relation to the direction, the local authority must—
a
revoke the direction without replacement, or
b
revoke the direction and replace it with a further direction under regulation 5(1), 6(1) or 7(1) in relation to which the local authority considers that the conditions in paragraph (1) are met.
4
Section 16 of the Interpretation Act 1978 M1 applies in relation to the revocation of a direction under regulation 5(1), 6(1) or 7(1) as it applies in relation to the repeal of an enactment.