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

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Scottish Statutory Instruments

2020 No. 344

Public Health

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

Approved by the Scottish Parliament

Made

at 12.40 p.m. on 30th October 2020

Laid before the Scottish Parliament

at 2.45 p.m. on 30th October 2020

Coming into force

at 6.00 a.m. on 2nd November 2020

The Scottish Ministers make the following Regulations in exercise of the power 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 1SIntroductory

Citation, commencement and applicationS

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 and come into force at 6.00 a.m. on 2 November 2020.

(2) These Regulations apply in—

(a)Scotland, and

(b)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, and

“Scottish airspace” means the airspace above Scotland.

Commencement Information

I1Reg. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

InterpretationS

2.—(1) In these Regulations—

“alcohol” has the same meaning as in section 2 of the Licensing (Scotland) Act 2005 M2,

“child” means a person who is under 16 years of age, and “childcare” is to be construed accordingly,

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

“contact sport” means a sport or activity during which the participants—

(a)

are required to make physical contact with each other, or

(b)

do not generally maintain a distance of two metres from each other,

but does not include a sport or activity in which the participants are wholly or mainly professional sportspersons,

F1...

[F2“electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983,]

“elite development pathway” means a development pathway established by the national governing body of a sport to prepare sportspersons—

(a)

so that they may derive a living from competing in that sport, or

(b)

to compete at that sport at the Tokyo or Beijing Olympic or Paralympic Games, or, if that sport is not part of the Tokyo Olympic and Paralympic Games programme, in the Commonwealth Games to be held in Birmingham,

“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984 M4,

[F3“end of term household” means a household consisting of—

(a)

one or more students of a further education institution or a higher education institution within the meaning of—

(i)

paragraph 6 of schedule 16 of the Coronavirus Act 2020,

(ii)

heads (c) to (f) in the definition of “educational institution” in paragraph 1(11) of schedule 16 of that Act, or

(iii)

heads (b) to (e) in the definition of “educational institution” in paragraph 1(12) of schedule 16 of that Act,

(iv)

the definition of “relevant institution” in paragraph 15(11) of schedule 16 of that Act, and

(b)

one other household with which the student F4... , or as the case may be students [F5chose to live] in a place which [F6was] the student’s or students’ sole or main residence during the period between the first and second academic terms [F7and which continues to be the student’s or students’ sole or main residence],]

“extended household” means two individual households which have chosen to be treated as the same household for the purposes of the restrictions in these Regulations, but an individual household may only form part of one extended household at any one time,

“face covering” means a covering of any type (other than a face shield) which covers a person's nose and mouth,

“food and drink business” means—

(a)

a restaurant, including a restaurant or dining room in a hotel or members' club,

(b)

a takeaway service,

(c)

a cafe or canteen,

(d)

a bar, including a bar in a hotel or members' club,

(e)

a public house,

[F8“further education institution” has the meaning given in paragraph 6 of schedule 16 of the Coronavirus Act 2020,]

“gathering” means a situation where two or more persons, who are not members of the same household, are present together in the same place in order—

(a)

to engage in any form of social interaction with each other, or

(b)

to undertake any other activity with each other,

[F8“higher education institution” has the meaning given in paragraph 6 of schedule 16 of the Coronavirus Act 2020,]

“household” means—

(a)

one person living alone, or

(b)

a group of persons living together in the same place as a family or other unit (whether or not related) and who have the place as their only or main residence,

“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 M5 under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 M6, and “outdoors” is to be construed accordingly,

“Level 0 area”, “Level 1 area”, “Level 2 area”, “Level 3 area” and “Level 4 area” have the meanings given in regulation 3(6),

[F9“live event” means an event or activity which brings individuals together for the purpose of community, culture, sport, recreation, entertainment, art or business but does not include—

(a)

an event or activity which relates to a funeral, marriage ceremony or civil partnership,

(b)

a mass participation event such as a marathon, triathlon, or moonwalk,

(c)

an event designated by the Scottish Ministers as a flagship event according to criteria, and in a list, published by the Scottish Ministers,

(d)

a showing in a cinema,

(e)

a drive-in event,

(f)

an organised picket,

(g)

a public or street market, or

(h)

an illuminated trail,]

“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” and similar expressions include the owner, occupier and manager,

“premises” includes any building or structure and any land,

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

(a)

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

(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 M7,

(c)

accommodation for children at a residential establishment, within the meaning of section 93(1) of the Children (Scotland) Act 1995 M8,

(d)

school boarding accommodation, within the meaning of paragraph 10(5) of schedule 16 of the Coronavirus Act 2020 M9,

(e)

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

(f)

a prison,

(g)

a young offenders institution F10... ,

(h)

secure accommodation F11... , and

(i)

a remand centre F12...,

[F13“professional sportsperson” means an individual who—

(a)

either—

(i)

derives a living from competing in sport,

(ii)

is a senior representative nominated by a relevant sporting body,

(iii)

is a member of the senior training squad for a relevant sporting body, or

(iv)

is on an elite development pathway, and

(b)

trains or competes in a sport for which a resumption of performance sport plan has been approved by sportscotland or the Scottish Ministers,]

“public place” means a place to which the public, or a section of the public, has access whether on payment or otherwise,

“public procession” means a procession in a public place, whether or not involving the use of vehicles or other conveyances,

[F14“registered political party” has the meaning given in section 202(1) of the Representation of the People Act 1983,]

“relevant sporting body”, in relation to a professional sportsperson means the national governing body of a sport which may nominate sportspersons to represent—

(a)

the professional sportsperson's nation at the Tokyo or Beijing Olympic or Paralympic Games, F15...

(b)

the professional sportsperson's nation at the Commonwealth Games to be held in Birmingham in a sport that is not part of the Tokyo Olympic and Paralympic Games programme, [F16or]

(c)

[F17the professional sportsperson’s nation at a relevant sporting event,]

[F18“relevant sporting event” means an international championship in a sport for which there is a recognised sport governing body (having the meaning given by section 217C(2) of the Corporation Tax Act 2010),]

[F8“remand centre” has the meaning given in section 19(1)(a) of the Prisons (Scotland) Act 1989,]

[F19“resumption of performance sport plan”, in relation to a professional sportsperson, means a plan relating to the safe resumption of a professional and performance (elite) sport which is prepared by the governing body of that sport for approval by sportscotland or the Scottish Ministers in line with guidance published by sportscotland,]

[F20“returning officer” means an officer who is—

(a)

appointed by, or by an order under, section 25 of the Representation of the People Act 1983,

(b)

appointed under section 41(1) of the Representation of the People Act 1983,

(c)

a constituency returning officer appointed by or under an order under section 12(1) of the Scotland Act 1998, or

(d)

a regional returning officer appointed by an order under section 12(6) of the Scotland Act 1998,]

“school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M10,

[F8“secure accommodation” has the meaning given in section 108 of the Criminal Justice (Scotland) Act 2016,]

“senior representative”, in relation to a professional sportsperson, means an individual who is considered by a relevant sporting body to be a candidate to qualify to compete on behalf of—

(a)

the professional sportsperson's nation at the Tokyo or Beijing Olympic or Paralympic Games, F21...

(b)

the professional sportsperson's nation at the Commonwealth Games to be held in Birmingham in a sport that is not part of the Tokyo Olympic and Paralympic Games programme, [F22or]

(c)

[F23the professional sportsperson’s nation at a relevant sporting event,]

“shared parenting arrangements” includes, in relation to children who do not live in the same household as their parents, or one of their parents, arrangements for contact between parents and their children, and for the purposes of this definition “parent” includes a person who, not being a parent of the child—

(a)

has contact with the child pursuant to an order of court, or

(b)

has previously had care of the child, and

[F19“sportscotland” means the Scottish Sports Council,]

“student accommodation” has the meaning given in paragraph 11(5) of schedule 16 of the Coronavirus Act 2020,

[F8“young offenders institution” has the meaning given in section 19(1)(b) of the Prisons (Scotland) Act 1989.]

(2) For the purpose of these Regulations, references to a household include an extended household [F24or end of term household].

[F25(3) For the purpose of these Regulations, activities are undertaken for election purposes if they are undertaken—

(a)for the purposes of or in connection with—

(i)promoting or procuring electoral success for a registered political party, or

(ii)promoting or procuring a candidate’s election, or

(b)otherwise with a view to influencing how electors vote in an election.]

[F26(4) For the purposes of these Regulations, a person is not to be considered, by virtue of only being present at the same premises, venue or other setting as another person, as either—

(a)engaging in a form of social interaction with that other person, or

(b)undertaking an activity with that other person.

(5) For the purpose of paragraph (1), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992,

(b)the organiser of the picket has taken such measures described in paragraph 3(1)(a) and (b) of schedule 1, paragraph 4(1)(a) and (b) of schedule 2 or paragraph 8(1)(a) and (b) of schedule 3 as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M22005 asp 16. Section 2 was amended by section 54 of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10).

M41984 c.51. Section 153A was inserted by section 75 of the Finance Act 2015 (c.11).

M81995 c.36, relevantly amended by S.I. 2013/1465.

PART 2SRestrictions

Application of the RestrictionsS

3.—(1) The restrictions and requirements set out in schedule 1 (“Level 0 restrictions”) [F27, paragraph 14 of schedule 4, paragraph 15 of schedule 5 (restrictions on leaving and entering Level 3 and 4 areas)] and schedule 7 (face covering requirements) apply in relation to a Level 0 area.

(2) The restrictions and requirements set out in schedule 2 (“Level 1 restrictions”) [F28, paragraph 14 of schedule 4, paragraph 15 of schedule 5] and schedule 7 apply in relation to a Level 1 area.

(3) The restrictions and requirements set out in schedule 3 (“Level 2 restrictions”) [F29, paragraph 14 of schedule 4, paragraph 15 of schedule 5] and schedule 7 apply in relation to a Level 2 area.

(4) The restrictions and requirements set out in schedule 4 (“Level 3 restrictions”) [F30, paragraph 15 of schedule 5] and schedule 7 apply in relation to a Level 3 area.

(5) The restrictions and requirements set out in schedule 5 (“Level 4 restrictions”) [F31, paragraph 14 of schedule 4] and schedule 7 apply in relation to a Level 4 area.

[F32(5A) The requirements set out in paragraph 2A of each of schedules 3 and 4 and paragraph 4B of schedule 5 also apply (where they so indicate) in relation to other areas.]

[F33(5B) The restrictions set out in schedule 7A (restrictions on leaving or entering Scotland: common travel area) have effect.]

(6) In these Regulations—

(a)a “Level 0 area” is an area specified in the table in schedule 6, where the table indicates it is a Level 0 area,

(b)a “Level 1 area” is an area so specified, where the table indicates it is a Level 1 area,

(c)a “Level 2 area” is an area so specified, where the table indicates it is a Level 2 area,

(d)a “Level 3 area” is an area so specified, where the table indicates it is a Level 3 area, and

(e)a “Level 4 area” is an area so specified, where the table indicates it is a Level 4 area.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Modification of the restrictions in certain areasS

F343A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Temporary modification of restrictions: holiday gatheringsS

F353B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3SEnforcement

Enforcement of requirementsS

4.—(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.

(3) Where the person contravening 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 a direction or instruction given by the relevant person to the child.

(4) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with a requirement mentioned in paragraph (5), 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 requirement.

(5) The requirements mentioned in paragraph (4) are those in Part 3 of each of schedules 1 to 5.

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

(a)care or control of the child for the time being, or

(b)parental responsibilities, within the meaning of section 1(3) of the Children (Scotland) Act 1995 M11, in relation to the child.

(7) Where a relevant person considers that persons are gathered together in contravention of the requirements mentioned in paragraph (5), the relevant person may—

(a)direct the gathering to disperse,

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

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

F36(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A relevant person may only exercise a power in paragraph (3), (4) [F37or (7)] if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(9) A relevant person exercising a power under paragraph (3), (4) [F38or (7)] may give the person concerned any reasonable instructions the relevant person considers necessary.

(10) A constable, exercising the power in paragraph (7)(c) to remove a person to the place where the person is living, may use reasonable force, if necessary, in exercise of the power.

(11) For the purpose of this regulation, a “relevant person” means—

(a)a constable, or

(b)subject to paragraph (12), a person designated by a local authority.

[F39(12) A local authority may only designate a person for the purpose of this regulation in relation to the requirements in—

(a)Part 1 (closure of premises) and Part 2 (other restrictions on business) in each of schedules 1 to 5,

(b)Part 4 (restrictions on stadia and live events) in each of schedules 1, 2 and 3.]

(13) For the purpose of this Part, references to a requirement include references to a restriction.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Offences and penaltiesS

5.—(1) It is an offence for a person to contravene any of the restrictions or requirements in schedules 1 to 5 [F40, 7 and 7A] other than a restriction or requirement in—

(a)schedule 1, paragraphs [F413(1)(b)] and 4,

(b)schedule 2, paragraphs [F424(1)(b)] and 5,

(c)schedule 3, paragraphs [F438(1)(b) and 9],

(d)schedule 4, paragraphs [F447(1)(b), 8 and 9A], or

(e)schedule 5, paragraphs [F458(1)(b), 9 and 10A].

(2) It is an offence for a person to obstruct any person carrying out a function under these Regulations.

(3) It is an offence for a person to—

(a)contravene a direction given under regulation 4, or

(b)fail to comply with an instruction or prohibition notice given under regulation 4.

(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.

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

(6) If an offence under this regulation committed by a body corporate is proved to—

(a)have been committed with the consent or connivance of an officer of the body, or

(b)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.

(7) In paragraph (6), “officer” in relation to a body corporate means in the case of—

(a)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)a limited liability partnership, a member,

(c)a partnership other than a limited liability partnership, a partner, or

(d)another body or association, a person who is concerned in the management or control of its affairs.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Power of entryS

6.—(1) A relevant person may enter premises—

(a)for the purpose of the performance of that person's functions under these Regulations, and

(b)if the condition in paragraph (3)(a) is met.

(2) A relevant person may enter premises at any time if—

(a)that person reasonably suspects that an offence under regulation 5(1) is taking place on the premises,

(b)that person reasonably believes that it is necessary and proportionate to enter the premises for the purpose of preventing the continuation of the offence, and

(c)a condition in paragraph (3)(b), (c) or (d) is met.

(3) The condition is that—

(a)the person who appears to be the occupier of the premises has consented to the relevant person entering the premises,

(b)the relevant person—

(i)has requested permission to enter the premises from the person who appears to be the occupier of the premises, but permission has been refused, and

(ii)reasonably believes the situation to be urgent,

(c)the occupier of the premises is temporarily absent and the relevant person reasonably believes the situation to be urgent, or

(d)the entry is effected under the authority of a warrant issued under paragraph (10).

(4) For the purposes of paragraph (3)(b)(ii) and (c), a reasonable belief in urgency means that the relevant person considers immediate entry to the premises to be necessary and proportionate for the purpose of preventing the continuation of the offence and for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination with coronavirus.

[F46(5) Where the offence referred to in paragraph (2)(a) is a contravention of one of the provisions mentioned in any of the following sub-paragraphs, a constable must reasonably suspect that there is a gathering inside a private dwelling which consists of more than—

(a)fifteen persons, in relation to a contravention of paragraph 8 (restriction on gatherings in private dwellings) of schedule 1 (level 0 restrictions),

(b)fifteen persons, in relation to a contravention of paragraph 9 (restriction on gatherings in private dwellings) of schedule 2 (level 1 restrictions),

(c)fifteen persons, in relation to a contravention of paragraph 13 (restriction on gatherings in private dwellings) of schedule 3 (level 2 restrictions),

(d)six persons, in relation to a contravention of paragraph 12 (restriction on gatherings in private dwellings) of schedule 4 (level 3 restrictions), or

(e)six persons, in relation to a contravention of paragraph 13 (restriction on gatherings in private dwellings) of schedule 5 (level 4 restrictions).]

(6) A relevant person entering premises in accordance with paragraph (1) or (2) may—

(a)use reasonable force to enter the premises if necessary, and

(b)take such other persons, equipment and materials onto the premises as the relevant person considers necessary.

(7) A relevant person must, if requested to do so, provide a document or any other thing showing the relevant person's authority to exercise the power of entry in this regulation.

(8) Subject to paragraph (9), for the purposes of this regulation, “relevant person” has the meaning in regulation 4(11).

(9) A relevant person within the meaning of regulation 4(11)(b) may only enter premises in relation to a requirement in Part 1 (closure of premises) or Part 2 (other restrictions on business) in any of schedules 1 to 5 [F47or Part 4 in any of schedules 1 to 3].

(10) A sheriff or justice of the peace may by warrant authorise a relevant person to enter the premises.

(11) A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Fixed penalty noticesS

7.—(1) A relevant person may issue a fixed penalty notice to a person the relevant person believes—

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

(b)is 18 years of age 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 paragraphs (4) and (5), 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.

(6) For the purpose 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 16 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 M12,

(b)regulation 9 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 M13,

(c)regulation 8 of the Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020 M14,

(d)regulation 13 of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020 M15, and

(e)regulation 27 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020 M16.

(7) For the purpose 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 M17, as provided for in sections 129 to 134 of that Act and sections 226B and 226I of the Criminal Procedure (Scotland) Act 1995 M18, subject to the modifications in paragraph (8).

(8) 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,

(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,

(g)the references to “constable” in section 133(1) are to be construed as references to the relevant person within the meaning of this regulation,

(h)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), and

(i)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.

(9) For the purpose of this regulation, “relevant person” has the meaning given in regulation 4(11).

(10) Where the relevant person issuing a notice under paragraph (1) is a relevant person within the meaning of regulation 4(11)(b), the relevant person may require the person believed to have committed an offence (“A”) to give A's name and address.

(11) When making that requirement, the relevant person must inform A that—

(a)the relevant person believes A has committed an offence under these Regulations, and

(b)failure to comply with the requirement may be an offence.

(12) If A has been required under this section to give A's name and address and, without reasonable excuse, fails to do so, A will be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum.

Commencement Information

I7Reg. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M181995 c.46. Sections 226B and 226I were inserted by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Sections 226B and 226I have been amended but none of the amendments are relevant to these Regulations.

PART 4SFinal provisions

Review of restrictions and requirementsS

8.—(1) The Scottish Ministers must review these Regulations at least every 21 days, with the first review to be carried out by 18 November 2020.

(2) As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations is 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 revoke that restriction or requirement.

(3) As soon as the Scottish Ministers consider that it is no longer necessary or proportionate for the Level 0 restrictions, Level 1 restrictions, Level 2 restrictions Level 3 restrictions or Level 4 restrictions to apply to an area specified in schedule 6, the Scottish Ministers must amend the Regulations so that those restrictions no longer apply to that area.

Commencement Information

I8Reg. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

ExpiryS

9.—(1) These Regulations expire on [F4830 September 2021].

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

Textual Amendments

Commencement Information

I9Reg. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Amendment of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020S

10.—(1) In the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020 M19—

(a)after regulation 11 (enforcement of requirements), insert—

“Power of entry

11A.—(1) A local authority designated officer may enter premises—

(a)for the purpose of the performance of the officer's functions under these Regulations, and

(b)if the condition in paragraph (3)(a) is met.

(2) A local authority designated officer may enter premises if—

(a)the officer reasonably believes that—

(i)a direction under regulation 5(1), 6(1) or 7(1) is being, has been or is about to be contravened, and

(ii)it is necessary and proportionate to enter the premises for the purpose of—

(aa)ascertaining whether a contravention is taking, has taken or is about to take place,

(bb)preventing the initiation or continuation of the contravention, and

(b)a condition in paragraph (3)(b), (c) or (d) is met.

(3) The condition is that—

(a)the person who appears to be the occupier of the premises has consented to the local authority designated officer entering the premises,

(b)the local authority designated officer—

(i)has requested permission to enter the premises from the person who appears to be the occupier of the premises, but permission has been refused, and

(ii)reasonably believes the situation to be urgent,

(c)the occupier of the premises is temporarily absent and the local authority designated officer reasonably believes the situation to be urgent, or

(d)the entry is effected under the authority of a warrant issued under paragraph (8).

(4) For the purposes of paragraph (3)(b)(ii) and (c), a reasonable belief in urgency means that the local authority designated officer considers immediate entry to the premises to be necessary and proportionate for the purpose of preventing the continuation of the contravention and for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination of coronavirus.

(5) A local authority designated officer entering premises in accordance with paragraph (2) may—

(a)use reasonable force to enter the premises if necessary, and

(b)take such other persons, equipment and materials onto the premises as the local authority designated officer considers necessary.

(6) A local authority designated officer must, if requested to do so, provide a document or any other thing showing the officer's authority to exercise the power of entry in this regulation.

(7) For the purpose of this regulation, “premises” includes any building or structure and any land.

(8) A sheriff or justice of the peace may by warrant authorise a relevant person to enter the premises.

(9) A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.”, and

(b)in regulation 13 (fixed penalty notices)—

(i)in paragraph (1), after “constable”, in both places where it occurs, insert “ or local authority designated officer ”,

(ii)in paragraph (6), after sub-paragraph (b), insert—

“(c)regulation 16 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020,

(d)regulation 27 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020.”,

(iii)in paragraph (8), after sub-paragraph (f), insert—

“(ff)the references to “constable” in section 133(1) are to be construed as references to a constable or local authority designated officer,”, and

(iv)after paragraph (8), insert—

“(9) Where the person issuing a notice under paragraph (1) is a local authority designated officer, the officer may require the person believed to have committed an offence (“A”) to give A's name and address.

(10) When making that requirement, the officer must inform A—

(a)that the officer believes A has committed an offence under these Regulations, and

(b)that failure to comply with the requirement may be an offence.

(11) If A has been required under this section to give A's name and address and, without reasonable excuse, fails to do so, A will be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum.”.

Commencement Information

I10Reg. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

RevocationsS

11.  The Regulations listed in schedule 8 are revoked.

Commencement Information

I11Reg. 11 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulation 3(1)

SCHEDULE 1SLevel 0 Restrictions

PART 1SClosure of Premises

Requirement to close certain premises in a Level 0 area to members of the publicS

1.—(1) A person who is responsible for carrying on a listed business located in a Level 0 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 nightclub, dance hall or discotheque,

(b)a sexual entertainment venue.

(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, F49...

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

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

(d)any suitable premises that are used for the purposes of [F50training or competing by a professional sportsperson].

(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 3.

(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.

(6) In sub-paragraph (2), “sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982 M20.

Textual Amendments

Commencement Information

I12Sch. 1 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

PART 2SOther restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 0 areaS

2.—(1) A person who is responsible for carrying on a food and drink business in a Level 0 area may sell food or drink for consumption on the premises only if—

(a)where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b)the customer remains seated whilst consuming the food or drink on the premises.

(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(3) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

Commencement Information

I13Sch. 1 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to take measures to minimise risk of exposure to coronavirus in a Level 0 areaS

3.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 0 area must take—

(a)measures to ensure, so far as reasonably practicable, that—

(i)the required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)[F51)],

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

(iii)the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)[F52)], and

(b)all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, 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 the use of entrances, passageways, stairs and lifts,

(iii)controlling the 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 the 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 sub-paragraph (1)(a)(i) and (iii) are—

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

[F53(aa)a child under 12 years of age and any other person,]

(b)a carer and the person assisted by that carer, F54...

(c)in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F55, or]

[F56(d)where a marriage ceremony or civil partnership registration is taking place—

(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and

(ii)one or both parties to the marriage or civil partnership].

(3) In this paragraph—

“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 M21,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M22,

“required distance” means—

(a)

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

(b)

[F57in relation to Hampden Park, at least 1.2 metres,

(c)

in relation to the Glasgow Green Event Zone, at least 1.5 metres, or

(d)

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 M23.

(4) In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—

(a)passenger transport service premises,

(b)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(c)cafes, including workplace canteens,

(d)bars, including bars in hotels or members' clubs, and

(e)public houses.

[F58(5) In the definition of “required distance” in sub-paragraph (3)—

(a)“Hampden Park” means Hampden Park stadium, Glasgow, during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021, and

(b)“the Glasgow Green Event Zone” means those premises at Glasgow Green designated as a fan zone by Glasgow City Council for use during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021.]

Textual Amendments

Commencement Information

I14Sch. 1 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M221980 c.44. Section 135(1) has been amended but none of those amendments are relevant for this definition.

Guidance on minimising exposure to coronavirus in a Level 0 areaS

4.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 0 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 3(1)(b) relating to its premises, business or service.

(2) Guidance issued by the Scottish Ministers 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).

(3) Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).

Commencement Information

I15Sch. 1 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to collect and share information in a Level 0 area: restaurants, cafes, bars, public houses, etc.S

5.—(1) A person who is responsible for a relevant hospitality premises in a Level 0 area must, in relation to the premises, take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and

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

[F59(2) Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—

(a)purchasing or collecting food or drink for consumption off the premises, or

(b)voting in an election.]

(3) A person who is responsible for a relevant hospitality premises in a Level 0 area 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 purpose of—

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

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

(4) In this paragraph—

“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 M24,

“relevant hospitality premises” means—

(a)

a restaurant, cafe, bar or public house, or

(b)

a hotel in which food or drink is sold for consumption on the premises, and

“visitor information” means—

(a)

the name and telephone number of one member of each household visiting the premises,

(b)

the date of their visit and arrival time, and

(c)

the number of members of that person's household visiting the premises at that time.

Textual Amendments

Commencement Information

I16Sch. 1 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

PART 3SRestrictions on gatherings

Restrictions on public gatherings indoors in a Level 0 areaS

6.—(1) A person must not participate in a gathering in a public place indoors located in a Level 0 area, unless the gathering—

(a)consists of no more than [F60ten] persons from no more than [F61four] households,

(b)is for the purpose of—

(i)work or providing voluntary or charitable services,

(ii)childcare, education or training,

(iii)attending a place of worship,

(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),

(xii)an organised activity,

(xiii)organised exercise,

(c)relates to a funeral, marriage ceremony or civil partnership registration, 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.

(3) For the purpose of sub-paragraph (1)(b)(xii) and (xiii), an activity or exercise 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 3(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

I17Sch. 1 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on public gatherings outdoors in a Level 0 areaS

7.—(1) A person must not participate in a gathering in a public place outdoors located in a Level 0 area, unless the gathering—

(a)consists of no more than fifteen persons from no more than [F62fifteen] households,

F63(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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,

(iii)attending a place of worship,

(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),

(xii)an organised activity F64...,

(xiii)organised exercise,

[F65(xiv)an organised picket,]

[F66(xv)an organised public procession which meets the conditions specified in sub-paragraph (5),]

(e)relates to a funeral, marriage ceremony or civil partnership registration, 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 [F67sub-paragraph (1)(d)(xii), (xiii) and (xv)], an activity or exercise 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 3(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

[F68(4) For the purpose of sub-paragraph (1)(d)(xiv), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 3(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

[F69(5) For the purpose of sub-paragraph (1)(d)(xv), the specified conditions are that the organised public procession —

(a)consists of not more than 500 persons, and

(b)has a duration of not more than 3 hours.]

Textual Amendments

Commencement Information

I18Sch. 1 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on gatherings in private dwellings in a Level 0 areaS

8.—(1) A person must not attend a gathering in a private dwelling located in a Level 0 area, unless the gathering—

(a)takes place indoors and consists of no more than eight persons from no more than [F70four] households,

[F71(aa)takes place outdoors and consists of no more than 15 persons from no more than [F7215] households,]

[F73(b)takes place outdoors and 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,

(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)facilitating shared parenting arrangements,

(viii)fulfilling a legal obligation,

(d)[F74is] a funeral, marriage ceremony or civil partnership registration, 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 F75... attending a gathering [F76but are to be included when counting the number of households attending a gathering].

[F77(3) For the purpose of sub-paragraph (1)(aa), 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

I19Sch. 1 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F78PART 4SRestrictions on stadia and live events

Textual Amendments

Capacity limits on stadia and live events in a Level 0 areaS

9.—(1) A person must not organise a live event in a Level 0 area which takes place wholly or mainly outdoors at which—

(a)more than the specified (outdoors seated) number of persons are in attendance at any point in time during the event, where seating capacity is provided for each person attending, or

(b)more than the specified (outdoors free-standing) number of persons are in attendance, where no seating capacity is provided,

unless sub-paragraph (3) applies.

(2) A person must not organise a live event in a Level 0 area which takes place wholly or mainly indoors at which more than the specified (indoors) number of persons are in attendance at any point in time during the event, unless sub-paragraph (3) applies.

(3) This sub-paragraph applies where—

(a)the event is either—

(i)ticketed, or

(ii)otherwise subject to an effective capacity control measure,

(b)the event takes place at a location, premises or other setting whose entrances and exits are controlled for the purpose of crowd and capacity management, and

(c)a local authority has approved a capacity exemption application (see paragraph 10) in respect of the event.

(4) For the purpose of sub-paragraphs (1) and (2) the following types of persons are not to be included when counting the number of persons in attendance at a live event—

(a)persons who are working or providing voluntary or charitable services at the event, and

(b)children under 5 years of age.

(5) In this paragraph, “specified (outdoors seated)”, “specified (outdoors free-standing)” and “specified (indoors)” mean as specified for each scenario in Level 0 in the Strategic Framework Protection Levels Table published by the Scottish Ministers.

Applications for exemption from capacity limits in a Level 0 areaS

10.—(1) A person may apply to a local authority for an exemption from a requirement imposed by paragraph 9(1) or (2).

(2) In this schedule, an application under sub-paragraph (1) is referred to as a “capacity exemption application”.

(3) A capacity exemption application may relate to a single event or a series of events.

(4) A local authority may not charge any fee in respect of a capacity exemption application.

(5) A capacity exemption application must be in writing and must include—

(a)a description of the type of event (or events) proposed,

(b)an event plan for the event (or events) proposed, and

(c)a risk assessment for the event (or events) proposed, including what measures are proposed relating to the prevention or minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events).

Decisions on applications for exemption from capacity limits in a Level 0 areaS

11.—(1) A local authority must, in deciding whether to approve a capacity exemption application, have regard to—

(a)the risk of the incidence and spread of coronavirus arising from the event (or events), and

(b)any other relevant circumstances.

(2) A local authority may—

(a)approve the application without conditions,

(b)approve the application with conditions relating to the prevention or minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), or

(c)refuse the application.

(3) A local authority must, as soon as reasonably practicable after deciding an application, notify the person who made the application of—

(a)its decision, and

(b)the reasons for its decision.

Guidance on applications for exemption from capacity limits in a Level 0 areaS

12.—(1) A person specified in sub-paragraph (3) must have regard to any guidance issued by the Scottish Ministers about capacity exemption applications.

(2) Guidance issued by the Scottish Ministers 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).

(3) The persons specified for the purpose of sub-paragraph (1) are—

(a)a person applying to a local authority for an exemption from a requirement imposed by paragraph 9(1) or (2), and

(b)a person determining an application.

Revocation and variation of approval of exemption from capacity limits in a Level 0 areaS

13.—(1) Where a local authority approves a capacity exemption application, it must keep the approval under review.

(2) Where it has approved a capacity exemption application without conditions (whether under paragraph 11 or this paragraph), a local authority may—

(a)add conditions relating to the minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), or

(b)revoke its approval of the application.

(3) Where it has approved a capacity exemption application but imposed conditions (whether under paragraph 11 or this paragraph) relating to the minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), a local authority may—

(a)vary any such condition,

(b)add any such condition,

(c)remove any such condition, or

(d)revoke its approval of the application.

(4) A local authority must, in deciding whether to make a decision under sub-paragraph (2) or (3), have regard to—

(a)the risk of the incidence and spread of coronavirus arising from the event (or events), and

(b)any other relevant circumstances.

(5) A local authority may make a decision under sub-paragraph (2) or (3)—

(a)of its own accord, or

(b)on application by the person who made the capacity exemption application.

(6) A local authority must, as soon as reasonably practicable after making a decision under sub-paragraph (2) or (3), notify the applicant of—

(a)its decision, and

(b)the reasons for its decision.

Scottish Ministers’ power to call in applications for exemption from capacity in a Level 0 areaS

14.—(1) The Scottish Ministers may direct a local authority that a capacity exemption application must be referred by a local authority to the Scottish Ministers for decision.

(2) A local authority must notify the Scottish Ministers when it receives a capacity exemption application where the capacity applied for exceeds the maximum capacity for that category of event specified for Level 0 in the Strategic Framework Protection Levels Table published by the Scottish Ministers.

(3) Where an application is referred to the Scottish Ministers for decision paragraphs 11 and 13 apply, subject to the modification that any reference to a local authority is to be read as a reference to the Scottish Ministers.

Offence of breaching conditions of approval to hold larger live event in a Level 0 areaS

15.—(1) It is an offence for a person to contravene a condition imposed—

(a)by a local authority under paragraph 11(2)(b), 13(2) or (3), or

(b)by the Scottish Ministers by virtue of paragraph 14(3).

(2) A person who commits an offence under sub-paragraph (1) is liable, on summary conviction, to a fine not exceeding the statutory maximum.]

Regulation 3(2)

SCHEDULE 2SLevel 1 Restrictions

PART 1SClosure of Premises

Requirement to close certain premises in a Level 1 area to members of the publicS

1.—(1) A person who is responsible for carrying on a listed business located in a Level 1 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 nightclub, dance hall or discotheque,

(b)a sexual entertainment venue.

(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)(a) for any purpose requested by the Scottish Ministers, a health board, a local authority or the Scottish Courts and Tribunals Service,

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

(d)any suitable premises that are used for the purposes of [F79training or competing by a professional sportsperson].

(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 4.

(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.

(6) In sub-paragraph (2), “sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982 M25.

Textual Amendments

Commencement Information

I20Sch. 2 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

PART 2SOther restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 1 areaS

2.—(1) A person who is responsible for carrying on a food and drink business in a Level 1 area may sell food or drink for consumption on the premises only if—

(a)where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b)the customer remains seated whilst consuming the food or drink on the premises.

(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(3) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

(4) Sub-paragraph (1) is subject to the restriction on opening hours in paragraph 3.

Commencement Information

I21Sch. 2 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restricted opening hours for food and drink businesses in a Level 1 areaS

3.—[F80(1) A person who is responsible for carrying on a food and drink business in a Level 1 area must, between the hours of 2300 and 0600, in relation to any premises, or parts of the premises, which are indoors—

(a)close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,

(b)cease selling food or drink for consumption on those premises,

(c)not permit consumption of food or drink on those premises by members of the public.]

[F81(1A) Sub-paragraph (1B) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a food and drink business in a Level 1 area and the match has not concluded by 2300 hours.

(1B) Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.]

(2) Sub-paragraph (1) does not prevent food or drink being sold—

(a)for consumption off the premises,

(b)by a hotel or other accommodation for consumption as part of room service,

(c)in a cinema to its customers for consumption in any of its auditoriums,

(d)to customers attending a drive-in event for consumption at the event,

(e)for consumption in a cafe, dining hall or canteen at—

(i)a hospital or care home,

(ii)a school or student accommodation,

(iii)a prison,

(iv)an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or

(v)a workplace canteen where—

(aa)there is no practical alternative for staff at that workplace to obtain food, and

(bb)so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,

(f)for consumption in premises providing food or drink to homeless persons,

(g)for consumption in premises which are airside at an airport,

(h)for consumption in premises which are on a ferry.

(3) Sub-paragraph (2)(c) to (h) does not apply in relation to the sale of alcohol.

(4) Sub-paragraph (1) does not prevent—

(a)the consumption of food or drink by a resident of a hotel in their private room,

(b)the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (2)(c) to (h).

(5) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(6) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

Textual Amendments

Commencement Information

I22Sch. 2 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F82Restricted opening hours for casinos in a Level 1 areaS

3A.—[F83(1)] A person who is responsible for carrying on a casino business in a Level 1 area must, between the hours of 2300 and 0600—

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

(b)not carry on business at such premises.

[F84(2) Sub-paragraph (3) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a casino business in a Level 1 area and the match has not concluded by 2300 hours.

(3) Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.]]

Textual Amendments

Requirement to take measures to minimise risk of exposure to coronavirus in a Level 1 areaS

4.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 1 area must take—

(a)measures to ensure, so far as reasonably practicable, that—

(i)the required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)[F85)],

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

(iii)the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)[F86)], and

(b)all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, 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 the use of entrances, passageways, stairs and lifts,

(iii)controlling the 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 the 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 sub-paragraph (1)(a)(i) and (iii) are—

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

[F87(aa)a child under 12 years of age and any other person,]

(b)a carer and the person assisted by that carer, F88...

(c)in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F89, or]

[F90(d)where a marriage ceremony or civil partnership registration is taking place—

(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and

(ii)one or both parties to the marriage or civil partnership].

(3) In this paragraph—

“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 M26,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M27,

“required distance” means—

(a)

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

(b)

[F91in relation to Hampden Park, at least 1.2 metres,

(c)

in relation to the Glasgow Green Event Zone, at least 1.5 metres, or

(d)

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 M28.

(4) In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—

(a)passenger transport service premises,

(b)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(c)cafes, including workplace canteens,

(d)bars, including bars in hotels or members' clubs, and

(e)public houses.

[F92(5) In the definition of “required distance” in sub-paragraph (3)—

(a)“Hampden Park” means Hampden Park stadium, Glasgow, during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021, and

(b)“the Glasgow Green Event Zone” means those premises at Glasgow Green designated as a fan zone by Glasgow City Council for use during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021.]

Textual Amendments

Commencement Information

I23Sch. 2 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M271980 c,44. Section 135(1) has been amended but none of those amendments are relevant for this definition.

Guidance on minimising exposure to coronavirus in a Level 1 areaS

5.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 1 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 4(1)(b) relating to its premises, business or service.

(2) Guidance issued by the Scottish Ministers 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).

(3) Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).

Commencement Information

I24Sch. 2 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to collect and share information in a Level 1 area: restaurants, cafes, bars, public houses, etc.S

6.—(1) A person who is responsible for a relevant hospitality premises in a Level 1 area must, in relation to the premises, take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and

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

[F93(2) Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—

(a)purchasing or collecting food or drink for consumption off the premises, or

(b)voting in an election.]

(3) A person who is responsible for a relevant hospitality premises in a Level 1 area 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 purpose of—

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

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

(4) In this paragraph—

“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 M29,

“relevant hospitality premises” means—

(a)

a restaurant, cafe, bar or public house, or

(b)

a hotel in which food or drink is sold for consumption on the premises, and

“visitor information” means—

(a)

the name and telephone number of one member of each household visiting the premises,

(b)

the date of their visit and arrival time, and

(c)

the number of members of that person's household visiting the premises at that time.

Textual Amendments

Commencement Information

I25Sch. 2 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

PART 3SRestrictions on gatherings

Restriction on public gatherings indoors in a Level 1 areaS

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

(a)consists of no more than [F94eight] persons from no more than [F95three] households,

(b)is for the purpose of—

(i)work or providing voluntary or charitable services,

(ii)childcare, education or training,

(iii)attending a place of worship,

(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),

(xii)an organised activity,

(xiii)organised exercise which—

(aa)is not a contact sport, or

(bb)is for persons under 18 years of age,

(c)relates to a funeral, marriage ceremony or civil partnership registration, 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.

(3) For the purpose of sub-paragraph (1)(b)(xii) and (xiii), an activity or exercise 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 4(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

I26Sch. 2 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on public gatherings outdoors in a Level 1 areaS

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

(a)consists F96... of no more than [F97twelve] persons from no more than [F98twelve] households,

F99(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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,

(iii)attending a place of worship,

(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),

(xii)an organised activity F100...,

(xiii)organised exercise,

[F101(xiv)an organised picket,]

[F102(xv)an organised public procession which meets the conditions specified in sub-paragraph (5),]

(e)relates to a funeral, marriage ceremony or civil partnership registration, 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 [F103sub-paragraph (1)(d)(xii), (xiii) and (xv)], an activity or exercise 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 4(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

[F104(4) For the purpose of sub-paragraph (1)(d)(xiv), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 4(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

[F105(5) For the purpose of sub-paragraph (1)(d)(xv), the specified conditions are that the organised public procession—

(a)consists of not more than 100 persons, and

(b)has a duration of not more than 2 hours.]

Textual Amendments

Commencement Information

I27Sch. 2 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on gatherings in private dwellings in a Level 1 areaS

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

[F106(za)takes place indoors and consists of no more than six persons from no more than three households,]

(a)takes place outdoors and consists of no more than [F107twelve] persons from no more than [F108twelve] households,

[F109(b)takes place outdoors and 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,

(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)facilitating shared parenting arrangements,

(viii)fulfilling a legal obligation,

(d)[F110is] a funeral, marriage ceremony or civil partnership registration, 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

I28Sch. 2 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F111PART 4SRestrictions on stadia and live events

Textual Amendments

Capacity limits on stadia and live events in a Level 1 areaS

10.—(1) A person must not organise a live event in a Level 1 area which takes place wholly or mainly outdoors at which—

(a)more than the specified (outdoors seated) number of persons are in attendance at any point in time during the event, where seating capacity is provided for each person attending, or

(b)more than the specified (outdoors free-standing) number of persons are in attendance, where no seating capacity is provided,

unless sub-paragraph (3) applies.

(2) A person must not organise a live event in a Level 1 area which takes place wholly or mainly indoors at which more than the specified (indoors) number of persons are in attendance at any point in time during the event, unless sub-paragraph (3) applies.

(3) This sub-paragraph applies where—

(a)the event is either—

(i)ticketed, or

(ii)otherwise subject to an effective capacity control measure,

(b)the event takes place at a location, premises or other setting whose entrances and exits are controlled for the purpose of crowd and capacity management, and

(c)a local authority has approved a capacity exemption application (see paragraph 11) in respect of the event.

(4) For the purpose of sub-paragraphs (1) and (2) the following types of persons are not to be included when counting the number of persons in attendance at a live event—

(a)persons who are working or providing voluntary or charitable services at the event, and

(b)children under 5 years of age.

(5) In this paragraph, “specified (outdoors seated)”, “specified (outdoors free-standing)” and “specified (indoors)” mean as specified for each scenario in Level 1 in the Strategic Framework Protection Levels Table published by the Scottish Ministers.

Applications for exemption from capacity limits in a Level 1 areaS

11.—(1) A person may apply to a local authority for an exemption from a requirement imposed by paragraph 10(1) or (2).

(2) In this schedule, an application under sub-paragraph (1) is referred to as a “capacity exemption application”.

(3) A capacity exemption application may relate to a single event or a series of events.

(4) A local authority may not charge any fee in respect of a capacity exemption application.

(5) A capacity exemption application must be in writing and must include—

(a)a description of the type of event (or events) proposed,

(b)an event plan for the event (or events) proposed, and

(c)a risk assessment for the event (or events) proposed, including what measures are proposed relating to the prevention or minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events).

Decisions on applications for exemption from capacity limits in a Level 1 areaS

12.—(1) A local authority must, in deciding whether to approve a capacity exemption application, have regard to—

(a)the risk of the incidence and spread of coronavirus arising from the event, and

(b)any other relevant circumstances.

(2) A local authority may—

(a)approve the application without conditions,

(b)approve the application with conditions relating to the prevention or minimisation of the risk of the incidence and spread of coronavirus arising from the event, or

(c)refuse the application.

(3) A local authority must, as soon as reasonably practicable after deciding an application, notify the person who made the application of—

(a)its decision, and

(b)the reasons for its decision.

Guidance on applications for exemption from capacity limits in a Level 1 areaS

13.—(1) A person specified in sub-paragraph (3) must have regard to any guidance issued by the Scottish Ministers about capacity exemption applications.

(2) Guidance issued by the Scottish Ministers 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).

(3) The persons specified for the purpose of sub-paragraph (1) are—

(a)a person applying to a local authority for an exemption from a requirement imposed by paragraph 10(1) or (2), and

(b)a person determining an application.

Revocation and variation of approval of exemption from capacity limits in a Level 1 areaS

14.—(1) Where a local authority approves a capacity exemption application, it must keep its approval under review.

(2) Where it has approved a capacity exemption application without conditions (whether under paragraph 12 or this paragraph), a local authority may—

(a)add conditions relating to the minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), or

(b)revoke its approval of the application.

(3) Where it has approved a capacity exemption application but imposed conditions (whether under paragraph 12 or this paragraph) relating to the minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), a local authority may—

(a)vary any such condition,

(b)add any such condition,

(c)remove any such condition, or

(d)revoke its approval of the application.

(4) A local authority must, in deciding whether to make a decision under sub-paragraph (2) or (3), have regard to—

(a)the risk of the incidence and spread of coronavirus arising from the event (or events), and

(b)any other relevant circumstances.

(5) A local authority may make a decision under sub-paragraph (2) or (3)—

(a)of its own accord, or

(b)on application by the person who made the capacity exemption application.

(6) A local authority must, as soon as reasonably practicable after making a decision under sub-paragraph (2) or (3), notify the applicant of—

(a)its decision, and

(b)the reasons for its decision.

Scottish Ministers’ power to call in applications for exemption from capacity in a Level 1 areaS

15.—(1) The Scottish Ministers may direct a local authority that a capacity exemption application must be referred by a local authority to the Scottish Ministers for decision.

(2) A local authority must notify the Scottish Ministers when it receives a capacity exemption application where the capacity applied for exceeds the maximum capacity for that category of event specified for Level 0 in the Strategic Framework Protection Levels Table published by the Scottish Ministers.

(3) Where an application is referred to the Scottish Ministers for decision paragraphs 12 and 14 apply, subject to the modification that any reference to a local authority is to be read as a reference to the Scottish Ministers.

Offence of breaching conditions of approval to hold larger live event in a Level 1 areaS

16.—(1) It is an offence for a person to contravene a condition imposed—

(a)by a local authority under paragraph 12(2)(b), 14(2) or (3), or

(b)by the Scottish Ministers by virtue of paragraph 15(3).

(2) A person who commits an offence under sub-paragraph (1) is liable, on summary conviction, to a fine not exceeding the statutory maximum.]

Regulation 3(3)

SCHEDULE 3SLevel 2 Restrictions

PART 1SClosure of Premises

Requirement to close certain premises in a Level 2 area to members of the publicS

1.—(1) A person who is responsible for carrying on a listed business located in a Level 2 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 nightclub, dance hall or discotheque,

F112(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a sexual entertainment venue,

F113(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a soft play centre,

F114(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F114(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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,

F119(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)premises of a listed business in sub-paragraph (2)(a), F120... 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 [F121training or competing by a professional sportsperson].

(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 8.

(5) Sub-paragraph (1) does not prevent the use of premises for a drive-in event.

(6) 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.

(7) In sub-paragraph (2), “sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982 M30.

Textual Amendments

Commencement Information

I29Sch. 3 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Requirement to cease mobile close contact services in a Level 2 areaS

F1222.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to cease mobile close contact services in respect of Level 2 areasS

F1232A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 2SOther restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 2 areaS

3.—(1) A person who is responsible for carrying on a food and drink business in a Level 2 area may sell food or drink for consumption on the premises only if—

(a)where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b)the customer remains seated whilst consuming the food or drink on the premises.

(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(3) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

(4) Sub-paragraph (1) is subject to F124... the restriction on opening hours in paragraph 5 F125....

Textual Amendments

Commencement Information

I30Sch. 3 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Closure of drinks-only public house businesses in a Level 2 areaS

F1264.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restricted opening hours for food and drink businesses in a Level 2 areaS

5.—[F127(1)  A person who is responsible for carrying on a food and drink business in a Level 2 area must, in relation to any premises, or parts of the premises, which are indoors—]

F128(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)between the hours of [F1292230] and 0600—

(i)close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,

(ii)cease selling food or drink for consumption on those premises,

(iii)not permit consumption of food or drink on those premises by members of the public.

[F130(1A) Sub-paragraph (1B) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a food and drink business in a Level 2 area and the match has not concluded by 2230 hours.

(1B) Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.]

F131(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F132(3)  Sub-paragraph (1) does not prevent food or drink being sold—]

(a)for consumption off the premises,

(b)by a hotel or other accommodation for consumption as part of room service,

F133(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in a cinema to its customers for consumption in any of its auditoriums,

(e)to customers attending a drive-in event for consumption at the event,

(f)for consumption in a cafe, dining hall or canteen at—

(i)a hospital or care home,

(ii)a school or student accommodation,

(iii)a prison,

(iv)an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or

(v)a workplace canteen where—

(aa)there is no practical alternative for staff at that workplace to obtain food, and

(bb)so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,

(g)for consumption in premises providing food or drink to homeless persons,

(h)for consumption in premises which are airside at an airport,

(i)for consumption in premises which are on a ferry.

F134(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Sub-paragraph (3)(d) to (i) does not apply in relation to the sale of alcohol.

(6) Sub-paragraph (1) does not prevent—

(a)the consumption of food or drink by a resident of a hotel in their private room,

(b)the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (3)(d) to (i).

(7) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(8) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) or (2) if that person complies with the requirements in relation to business A.

Textual Amendments

Commencement Information

I31Sch. 3 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F135Restricted opening hours for casinos in a Level 2 areaS

5A.—[F136(1)]  A person who is responsible for carrying on a casino business in a Level 2 area must, between the hours of 2230 and 0600—

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

(b)not carry on business at such premises.

[F137(2) Sub-paragraph (3) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a casino business in a Level 2 area and the match has not concluded by 2230 hours.

(3) Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.]]

Textual Amendments

Restrictions on sale and consumption of alcohol in food and drink businesses in a Level 2 areaS

F1386.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special opening hours for certain servicesS

F1397.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to take measures to minimise risk of exposure to coronavirus in a Level 2 areaS

8.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 2 area must take—

(a)measures to ensure, so far as reasonably practicable, that—

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

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

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

(b)all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, 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 the use of entrances, passageways, stairs and lifts,

(iii)controlling the 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 the 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 sub-paragraph (1)(a)(i) and (iii) are—

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

[F140(aa)a child under 12 years of age and any other person,]

(b)a carer and the person assisted by that carer, F141...

(c)in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F142, or]

[F143(d)where a marriage ceremony or civil partnership registration is taking place—

(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and

(ii)one or both parties to the marriage or civil partnership].

(3) In this paragraph—

“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 M31,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M32,

“required distance” means—

(a)

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

(aa)

[F144in relation to Murrayfield, at least 1.15 metres,]

(b)

[F145in relation to Hampden Park, at least 1.2 metres,

(c)

in relation to the Glasgow Green Event Zone, at least 1.5 metres, or

(d)

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 M33.

(4) In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—

(a)passenger transport service premises,

(b)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(c)cafes, including workplace canteens,

(d)bars, including bars in hotels or members' clubs, and

(e)public houses.

[F146(5) In the definition of “required distance” in sub-paragraph (3)—

[F147(za)“Murrayfield” means Murrayfield Stadium, Edinburgh, for the purposes of the 1888 Cup rugby event on 26 June 2021,]

(a)“Hampden Park” means Hampden Park stadium, Glasgow, during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021, and

(b)“the Glasgow Green Event Zone” means those premises at Glasgow Green designated as a fan zone by Glasgow City Council for use during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021.]

Textual Amendments

Commencement Information

I32Sch. 3 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Guidance on minimising exposure to coronavirus in a Level 2 areaS

9.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 2 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 8(1)(b) relating to its premises, business or service.

(2) Guidance issued by the Scottish Ministers 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).

(3) Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).

Commencement Information

I33Sch. 3 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to collect and share information in a Level 2 area: restaurants, cafes, bars, public houses, etc.S

10.—(1) A person who is responsible for a relevant hospitality premises in a Level 2 area must, in relation to the premises, take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and

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

[F148(2) Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—

(a)purchasing or collecting food or drink for consumption off the premises, or

(b)voting in an election.]

(3) A person who is responsible for a relevant hospitality premises 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 purpose of—

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

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

(4) In this paragraph—

“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 M34,

“relevant hospitality premises” means—

(a)

a restaurant, cafe, bar or public house, or

(b)

a hotel in which food or drink is sold for consumption on the premises, and

“visitor information” means—

(a)

the name and telephone number of one member of each household visiting the premises,

(b)

the date of their visit and arrival time, and

(c)

the number of members of that person's household visiting the premises at that time.

Textual Amendments

Commencement Information

I34Sch. 3 para. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

PART 3SRestrictions on gatherings

Restriction on public gatherings indoors in a Level 2 areaS

11.—(1) A person must not participate in a gathering in a public place indoors located in a Level 2 area, unless the gathering—

(a)consists of no more than six persons from no more than [F149three] households,

(b)is for the purpose of—

(i)work or providing voluntary or charitable services,

(ii)childcare, education or training,

(iii)attending a place of worship,

(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),

(xii)an organised activity F150...,

(xiii)organised exercise which—

(aa)is not a contact sport, or

(bb)is for persons under 18 years of age,

(c)relates to a funeral, marriage ceremony or civil partnership registration, 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.

(3) For the purpose of sub-paragraph (1)(b)(xii) and (xiii), an activity or exercise 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

I35Sch. 3 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 2 areaS

12.—(1) A person must not participate in a gathering in a public place outdoors located in a Level 2 area, unless the gathering—

(a)consists of no more than [F151eight] persons from no more than [F152eight] households,

(b)consists of no more than [F153eight] persons who are all under 18 years of age, where at least one person in the gathering has attained 12 years of age but has not attained 18 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,

(iii)attending a place of worship,

(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),

(xii)an organised activity F154...,

(xiii)organised exercise,

[F155(xiv)an organised picket,]

[F156(xv)an organised public procession which meets the conditions specified in sub-paragraph (5),]

(e)relates to a funeral, marriage ceremony or civil partnership registration, 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 [F157sub-paragraph (1)(d)(xii), (xiii) and (xv)], an activity or exercise 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.

[F158(4) For the purpose of sub-paragraph (1)(d)(xiv), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 8(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

[F159(5) For the purpose of sub-paragraph (1)(d)(xv), the specified conditions are that the organised public procession—

(a)consists of not more than 50 persons, and

(b)has a duration of not more than 1 hour.]

Textual Amendments

Commencement Information

I36Sch. 3 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 2 areaS

13.—(1) A person must not attend a gathering in a private dwelling located in a Level 2 area, unless the gathering—

[F160(za)takes place indoors and consists of no more than [F161six] persons from no more than [F162three] households,]

(a)takes place outdoors and consists of no more than [F163eight] persons from no more than [F164eight] households,

[F165(b)takes place outdoors and 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,

(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)facilitating shared parenting arrangements,

(viii)fulfilling a legal obligation,

(d)is a funeral, marriage ceremony or civil partnership registration, 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

I37Sch. 3 para. 13 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F166PART 4SRestrictions on stadia and live events

Textual Amendments

Capacity limits on stadia and live events in a Level 2 areaS

14.—(1) A person must not organise a live event which takes place wholly or mainly outdoors at which—

(a)more than the specified (outdoors seated) number of persons are in attendance at any point in time during the event, where seating capacity is provided for each person attending, or

(b)more than the specified (outdoors free-standing) number of persons are in attendance, where no seating capacity is provided,

unless sub-paragraph (3) applies.

(2) A person must not organise a live event in a Level 2 area which takes place wholly or mainly indoors at which more than the specified (indoors) number of people are in attendance at any point in time during the event, unless sub-paragraph (3) applies.

(3) This sub-paragraph applies where—

(a)the event is either—

(i)ticketed, or

(ii)otherwise subject to an effective capacity control measure,

(b)the event takes place at a location, premises or other setting whose entrances and exits are controlled for the purpose of crowd and capacity management, and

(c)a local authority has approved a capacity exemption application (see paragraph 15) in respect of the event.

(4) For the purpose of this paragraph the following types of persons are not to be included when counting the number of persons in attendance at a live event—

(a)persons who are working or providing voluntary or charitable services at the event, and

(b)children under 5 years of age.

(5) In this paragraph, “specified (outdoors seated)”, “specified (outdoors free-standing)” and “specified (indoors)” mean as specified for each scenario in Level 2 in the Strategic Framework Protection Levels Table published by the Scottish Ministers.

Applications for exemption from capacity limits in a Level 2 areaS

15.—(1) A person may apply to a local authority for an exemption from a requirement imposed by paragraph 14(1) or (2).

(2) In this schedule, an application under sub-paragraph (1) is referred to as a “capacity exemption application”.

(3) A capacity exemption application may relate to a single event or a series of events.

(4) A local authority may not charge any fee in respect of a capacity exemption application.

(5) A capacity exemption application must be in writing and must include—

(a)a description of the type of event (or events) proposed,

(b)a live event plan for the event (or events) proposed, and

(c)a risk assessment for the event (or events) proposed, including what measures are proposed relating to the prevention or minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events).

Decisions on applications for exemption from capacity limits in a Level 2 areaS

16.—(1) A local authority must, in deciding whether to approve a capacity exemption application, have regard to—

(a)the risk of the incidence and spread of coronavirus arising from the event, and

(b)any other relevant circumstances.

(2) A local authority may—

(a)approve the application without conditions,

(b)approve the application with conditions relating to the prevention or minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), or

(c)refuse the application.

(3) A local authority must, as soon as reasonably practicable after deciding an application, notify the person who made the application of—

(a)its decision, and

(b)the reasons for its decision.

Guidance on applications for exemption from capacity limits in a Level 2 areaS

17.—(1) A person specified in sub-paragraph (3) must have regard to any guidance issued by the Scottish Ministers about capacity exemption applications.

(2) Guidance issued by the Scottish Ministers 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).

(3) The persons specified for the purpose of sub-paragraph (1) are—

(a)a person applying to a local authority for an exemption from a requirement imposed by paragraph 14(1) or (2), and

(b)a person determining an application.

Revocation and variation of approval of exemption from capacity limits in a Level 2 areaS

18.—(1) Where a local authority approves a capacity exemption application, it must keep its approval under review.

(2) Where it has approved a capacity exemption application without conditions (whether under paragraph 16 or this paragraph), a local authority may—

(a)add conditions relating to the minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), or

(b)revoke its approval of the application.

(3) Where it has approved a capacity exemption application but imposed conditions (whether under paragraph 11 or this paragraph) relating to the minimisation of the risk of the incidence and spread of coronavirus arising from the event (or events), a local authority may—

(a)vary any such condition,

(b)add any such condition,

(c)remove any such condition, or

(d)revoke its approval of the application.

(4) A local authority must, in deciding whether to make a decision under sub-paragraph (2) or (3), have regard to—

(a)the risk of the incidence and spread of coronavirus arising from the event (or events), and

(b)any other relevant circumstances.

(5) A local authority may make a decision under sub-paragraph (2) or (3)—

(a)of its own accord, or

(b)on application by the person who made the capacity exemption application.

(6) A local authority must, as soon as reasonably practicable after making a decision under sub-paragraph (2) or (3), notify the applicant of—

(a)its decision, and

(b)the reasons for its decision.

Scottish Ministers’ power to call in applications for exemption from capacity in a Level 2 areaS

19.—(1) The Scottish Ministers may direct a local authority that a capacity exemption application must be referred by a local authority to the Scottish Ministers for decision.

(2) A local authority must notify the Scottish Ministers when it receives a capacity exemption application where the capacity applied for exceeds the maximum capacity for that category of event specified for Level 0 in the Strategic Framework Protection Levels Table published by the Scottish Ministers.

(3) Where an application is referred to the Scottish Ministers for decision paragraphs 16 and 18 apply, subject to the modification that any reference to a local authority is to be read as a reference to the Scottish Ministers.

Offence of breaching conditions of approval to hold larger live event in a Level 2 areaS

20.—(1) It is an offence for a person to contravene a condition imposed—

(a)by a local authority under paragraph 16(2)(b), 18(2) or (3), or

(b)by the Scottish Ministers by virtue of paragraph 19(3).

(2) A person who commits an offence under sub-paragraph (1) is liable, on summary conviction, to a fine not exceeding the statutory maximum.]

Regulation 3(4)

SCHEDULE 4SLevel 3 Restrictions

PART 1SClosure of Premises

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

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,

F167(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 [F168training or competing by a professional sportsperson],

[F169(g)any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board,]

[F170(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.

[F171(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.

[F172(6) In sub-paragraph (2)—

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

F173(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Commencement Information

I38Sch. 4 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to cease mobile close contact services in a Level 3 areaS

F1742.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to cease mobile close contact services in respect of Level 3 areasS

F1752A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 2SOther restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 3 areaS

3.—(1) A person who is responsible for carrying on a food and drink business in a Level 3 area may sell food or drink for consumption on the premises only if—

(a)where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b)the customer remains seated whilst consuming the food or drink on the premises.

(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(3) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

(4) Sub-paragraph (1) is subject to the restrictions in [F176paragraph] 5.

Textual Amendments

Commencement Information

I39Sch. 4 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Closure of drinks-only public house businesses in a Level 3 areaS

F1774.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restrictions on food and drink businesses in a Level 3 areaS

5.—[F178(1) Subject to paragraph 6, a person who is responsible for carrying on a food and drink business in a Level 3 area must, in relation to any premises, or parts of the premises, which are indoors—

(a)cease selling or supplying alcohol for consumption on any part of its premises which are indoors,

(b)not permit consumption of alcohol indoors,

(c)between the hours of 2000 and 0600—

(i)close the premises or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,

(ii)cease selling food or drink for consumption on those premises,

(iii)not permit consumption of food or drink on those premises by members of the public.]

(2) Sub-paragraph (1) does not prevent food or drink being sold—

(a)for consumption off the premises,

(b)by a hotel or other accommodation for consumption as part of room service,

(c)by a hotel or other accommodation between the hours of 0600 and 2200 for consumption by its residents in any other area of the hotel or accommodation,

(d)for consumption in a cafe, dining hall or canteen at—

(i)a hospital or care home,

(ii)a school or student accommodation,

(iii)a prison,

(iv)an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or

(v)a workplace canteen where—

(aa)there is no practical alternative for staff at that workplace to obtain food, and

(bb)so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,

(e)for consumption in premises providing food or drink to homeless persons,

(f)for consumption in premises which are airside at an airport,

(g)premises which are on a ferry.

F179(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph [F180(2)(c) to (g)] does not apply in relation to the sale of alcohol.

(5) Sub-paragraph (1) does not prevent—

(a)the consumption of food or drink by a resident of a hotel in their private room,

(b)the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (2)(d) to (g).

(6) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(7) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

[F181(8) Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

[F182(9) Sub-paragraph (1) does not prevent the use of 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.]

Textual Amendments

Commencement Information

I40Sch. 4 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Exceptions to food and drink business restrictions for certain servicesS

6.—(1) Where sub-paragraph (2) applies, the requirements in paragraph 5 (restrictions on food and drink businesses in a Level 3 area) apply with the following modifications—

(a)sub-paragraph (1)(a) to [F183(b)] is omitted,

(b)in sub-paragraph [F184(1)(c)], for “[F1852000]” substitute “2200”,

[F186(c)sub-paragraph (2) is omitted.]

(2) This sub-paragraph applies where a food and drink business located in a Level 3 area is providing services in connection with—

(a)a marriage ceremony or civil partnership registration, or

(b)a funeral.

Textual Amendments

Commencement Information

I41Sch. 4 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to take measures to minimise risk of exposure to coronavirus in a Level 3 areaS

7.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 3 area must take—

(a)measures to ensure, so far as reasonably practicable, that—

(i)the required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)[F187)],

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

(iii)the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)[F188)], and

(b)all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, 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 the use of entrances, passageways, stairs and lifts,

(iii)controlling the 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 the 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 sub-paragraph (1)(a)(i) and (iii) are—

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

[F189(aa)a child under 12 years of age and any other person,]

(b)a carer and the person assisted by that carer, F190...

(c)in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F191, or]

[F192(d)where a marriage ceremony or civil partnership registration is taking place—

(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and

(ii)one or both parties to the marriage or civil partnership].

(3) In this paragraph—

“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 M35,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M36,

“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 M37.

(4) In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—

(a)passenger transport service premises,

(b)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(c)cafes, [F193excluding] workplace canteens,

(d)bars, including bars in hotels or members' clubs, and

(e)public houses.

Textual Amendments

Commencement Information

I42Sch. 4 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M37Section 1(5)(a) was amended by schedule 3 of the Standards in Scotland's Schools etc. Act 2000 (asp 6), paragraph 3(2)(a) of schedule 3 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and paragraph 2(2)(c) of schedule 5 of the Children and Young People (Scotland) Act 2014 (asp 8).

Guidance on minimising exposure to coronavirusS

8.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 3 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 7(1)(b) relating to its premises, business or service.

(2) Guidance issued by the Scottish Ministers 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).

(3) Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).

Commencement Information

I43Sch. 4 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to collect and share information: restaurants, cafes, bars, public houses, etc.S

9.—(1) A person who is responsible for a relevant hospitality premises in a Level 3 area must, in relation to the premises, take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and

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

[F194(2) Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—

(a)purchasing or collecting food or drink for consumption off the premises, or

(b)voting in an election.]

(3) A person who is responsible for a relevant hospitality premises 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 purpose of—

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

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

(4) In this paragraph—

“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 M38,

“relevant hospitality premises” means—

(a)

a restaurant, cafe, bar or public house, or

(b)

a hotel in which food or drink is sold for consumption on the premises, and

“visitor information” means—

(a)

the name and telephone number of one member of each household visiting the premises,

(b)

the date of their visit and arrival time, and

(c)

the number of members of that person's household visiting the premises at that time.

Textual Amendments

Commencement Information

I44Sch. 4 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

[F195[F196Residential properties (eviction)]S

9A.—(1) No person may attend at a dwelling house for the purpose of—

(a)serving a charge for removing, or

(b)executing a decree for removing from heritable property.

(2) Sub-paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in—

(a)Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 1984,

(b)Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 1988,

(c)Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 2001, or

(d)Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016.

(3) The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) does not run during any period for which this paragraph has effect.

(4) In this paragraph—

“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007,

[F197“a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) (service of charge before removing) of the 2007 Act in the case of a decree for removing from heritable property,] and

[F198“a decree for removing from heritable property” means a decree, order or warrant of a type mentioned in any of the following paragraphs of section 214(2) of the 2007 Act—

(a)

paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—

(i)

section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 1894, or

(ii)

section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970,

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).]]

Textual Amendments

PART 3SRestrictions on gatherings

Restriction on public gatherings indoors in F199... Level 3 areaS

10.—(1) A person must not participate in a gathering in a public place indoors located in a Level 3 area, unless the gathering—

(a)consists of no more than six 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,

(iii)attending a place of worship,

(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),

(xii)an organised activity which is for persons under 18 year of age,

(xiii)organised exercise which is for persons under 18 years of age,

(c)relates to a funeral, marriage ceremony or civil partnership registration, 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.

(3) For the purpose of sub-paragraph (1)(b)(xii) and (xiii), an activity or exercise 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 7(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

I45Sch. 4 para. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on public gatherings outdoors in a Level 3 areaS

11.—(1) A person must not participate in a gathering in a public place outdoors located in a Level 3 area, unless the gathering—

(a)consists of no more than six persons from no more than [F200six] households,

F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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,

(iii)attending a place of worship,

(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),

(xii)an organised activity which is not a public procession,

(xiii)organised exercise which—

(aa)is not a contact sport, or

(bb)is for persons under 18 years of age,

[F202(xiv)an organised picket,]

(e)relates to a funeral, marriage ceremony or civil partnership registration, 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 sub-paragraph (1)(d)(xii) and (xiii), an activity or exercise 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 7(1)(a) and (b) as are relevant to the particular activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

[F203(4) For the purpose of sub-paragraph (1)(d)(xiv), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 7(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

Textual Amendments

Commencement Information

I46Sch. 4 para. 11 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restriction on gatherings in private dwellings in a Level 3 areaS

12.—(1) A person must not attend a gathering in a private dwelling located in a Level 3 area, unless the gathering—

(a)takes place outdoors and consists of no more than six persons from no more than [F204six] households,

[F205(b)takes place outdoors and 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,

(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)facilitating shared parenting arrangements,

(viii)fulfilling a legal obligation,

(d)is a funeral, marriage ceremony or civil partnership registration, 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

I47Sch. 4 para. 12 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F206PART 4SRestrictions on movement

Textual Amendments

Restrictions on leaving Level 3 areaS

13.—(1) A person who lives in a Level 3 area must not leave or remain away from that area.

[F207(2) But a person who lives in a Level 3 area may leave the area in order to travel to another part of the same area.]

Textual Amendments

Restrictions on entering Level 3 areaS

14.—(1) A person who does not live in a Level 3 area must not enter or remain in that area.

[F208(2) But a person who does not live in a Level 3 area may travel through it in order to reach a place outwith the area.]

Textual Amendments

Examples of reasonable excuseS

15.—(1) For the purposes of this Part, examples of what constitutes a reasonable excuse (see regulation 5(4)) include leaving or remaining away from the area in which the person lives, or (as the case may be) entering or remaining in a Level 3 area that the person does not live in, for the purposes set out in sub-paragraph (2).

(2) The purposes are to—

(a)obtain or provide—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons,

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person,

(b)work or provide voluntary or charitable services, where it is not possible for the person to do so from home,

(c)access, provide or receive childcare, education or training, including a support service for parents or expectant parents,

(d)access or undertake driving tuition or take a driving test,

(e)lead an act of worship or attend the person’s usual place of worship,

(f)provide care or assistance to a vulnerable person,

(g)visit a person detained in a prison, young offenders institution, remand centre, secure accommodation or other place of detention,

(h)provide or receive emergency assistance,

(i)provide or obtain medical assistance, including accessing any of the following—

(i)audiology services,

(ii)chiropody services,

(iii)chiropractic services,

(iv)dental services,

(v)ophthalmic services,

(vi)osteopathic services,

(vii)services relating to mental health,

(j)accompany a person obtaining medical assistance, or visit a person receiving treatment in a hospital or who is residing in a hospice or care home,

(k)avoid injury, illness or other risk of harm, or support someone who is doing so,

(l)move home or undertake activities in connection with the maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for,

(m)participate in or facilitate shared parenting arrangements,

(n)fulfil a legal obligation or participate in legal proceedings,

(o)vote, or register to vote, in an election (including to vote as proxy),

(p)donate blood,

(q)access public services, including any of the following—

(i)social services,

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

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

(iv)asylum and immigration services and interviews,

(r)access services provided by voluntary or charitable services, including food banks,

(s)access waste disposal or recycling facilities,

(t)obtain money from or deposit money with a business mentioned in paragraph 2(3)(j) or (k) of schedule 5,

(u)participate in or facilitate organised activity, sport or exercise which is for persons under 18 years of age,

[F209(v)undertake exercise or recreation—

(i)outdoors,

[F210(aii)that starts and ends at the same place, which place must be—

(aa)in the area in which the person lives, or

(bb)within 5 miles of such area, and]

F211(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)is either undertaken—

(aa)alone,

(bb)with members of the person’s household,

(cc)in a gathering within the meaning of paragraph 11(1)(a) F212... or (c),

F213(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ee)in a gathering within the meaning of paragraph 12(1)(a), or

(ff)in a gathering within the meaning of paragraph 12(1)(b), [F214; and

(iv)does not involve an overnight stay outwith the area in which the person lives.]]

(w)where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

(x)attend a gathering which relates to a marriage ceremony or civil partnership registration,

(y)attend a gathering which relates to a funeral or to travel for compassionate reasons which relate to the end of a person’s life,

(z)feed or care for an animal, including obtaining veterinary services,

(aa)where the person is a member of an extended household, visit a member of the household which forms the other part of the extended household and who lives outwith the area in which the person lives or, as the case may be, in a Level 3 area.

[F215(ab)attend an organised picket.]

(3) For the purpose of sub-paragraph (2)(u) F216..., activity, sport or exercise 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,

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

(b)the organiser has taken such measures described in paragraph 7(1)(a) and (b) as are relevant to the particular activity, sport or exercise, taking into account any relevant guidance issued by the Scottish Ministers.

[F217(4) For the purpose of sub-paragraph (2)(ab), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 7(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]]

Textual Amendments

Regulation 3(5)

SCHEDULE 5SLevel 4 Restrictions

PART 1SClosure of Premises

Requirement to close certain premises in a Level 4 area to members of the publicS

1.—(1) A person who is responsible for carrying on a listed business located in a Level 4 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 museum or gallery,

[F218(ha)an indoor attraction at a visitor attraction,]

(i)a soft play centre,

(j)a sports stadium,

(k)a conference or exhibition centre,

(l)a snooker or pool hall,

(m)a bowling alley,

(n)a casino,

(o)a betting shop,

(p)a bingo hall,

(q)a funfair,

(r)an amusement arcade,

(s)premises which provide a close contact service,

[F219(sa)a driving instructor or examiner,]

[F220(sb)a tanning salon or premises which operates a self-tanning machine or a spray-tan booth,

(sc)a travel agency,

F221(sd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F222(se)an independent clinic which is registered with Healthcare Improvement Scotland under section 10P of the 1978 Act,

(sf)an independent medical agency which is registered with Healthcare Improvement Scotland under section 10P of the 1978 Act,

(sg)an independent hospital which is registered with Healthcare Improvement Scotland under section 10P of the 1978 Act,]

(t)a skating rink,

[F223(ta)a snow sports centre,]

(u)an indoor fitness studio, gym, swimming pool or other indoor leisure centre or facility,

F224(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F225(w)a drive-in event venue.]

(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 F226... ,

(ii)broadcast a performance F227... 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 F228... ,

[F229(aa)premises, except premises of a listed business in sub-paragraph (2)(u), while those premises remain closed to members of the public, to—

(i)record a sporting event other than a professional sporting event,

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

(iii)train, practise or otherwise prepare for a sporting event other than a professional sporting event,]

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

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

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

[F230(da)premises of a listed business in sub-paragraph (2)(se), (sf) or (sg) for the purposes of providing medical or surgical assistance,]

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

(f)any suitable premises that are used for the purposes of [F231training or competing by a professional sportsperson] [F232, including the use of premises of a listed business in sub-paragraph (2)(u), to—

(i)record a professional sporting event,

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

(iii)train, practise or otherwise prepare for a professional sporting event,]

[F233(g)any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board,]

F234(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F235(i)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 8.

(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.

(6) In sub-paragraph (2)—

(a)“sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982 M39,

(b)“close contact service” means—

(i)hairdressing and barber services, [F236other than where those services are provided exclusively by appointment and for a specified time,]

(ii)beauty and nail services (including make-up services),

(iii)hair removal services,

(iv)tattoo, piercing and body modification services,

(v)fashion design, dress-fitting and tailoring services,

(vi)indoor portrait photography and art services,

(vii)massage therapies, but not sports massage provided only to professional sportspersons,

(viii)complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(ix)spa and wellness services,

(x)other services or procedures which require physical contact or close physical proximity between a provider and a customer and are not ancillary to medical, health, or social care services,

[F237(c)“indoor attraction” means those parts of a venue, including visitor centres but not including toilets for visitors, which—

(i)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, and

(ii)are, in normal times, open for members of the public to visit for the purposes of recreation, whether or not for payment,]

[F238(d)“drive-in event venue” means any premises or place indoors to which the public, or a section of the public, has access, whether on payment or otherwise, for the purpose of participating in or attending from within vehicles a drive-in or drive-through event, including an act of worship, a sporting event, a film or the performance of music, comedy or a play.]

[F239(7) In this paragraph—

“the 1978 Act” means the National Health Service (Scotland) Act 1978,

“medical or surgical assistance” does not include a cosmetic or aesthetic procedure (such as the injection or implantation into or under the skin of a substance for cosmetic purposes, or electrolysis).

F240... ]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I48Sch. 5 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Requirement to close places of worship in a level 4 area to members of the publicS

F2411A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to close retail and library premises in a Level 4 area to members of the publicS

2.—(1) A person who is responsible for carrying on a business which offers goods for sale or hire in a shop or provides library services in a Level 4 area must—

(a)cease to carry on that business or provide that service except by making deliveries or otherwise providing [F242a permitted collection service] in response to orders received—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including orders by text message, or

(iii)by post,

(b)close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (1)(a),

(c)cease to admit any person to its premises who is not required to carry on its business or provide its services as permitted by sub-paragraph (1)(a).

(2) Sub-paragraph (1) does not apply to any business which provides hot or cold food for consumption off the premises.

(3) Sub-paragraph (1) does not apply to any of the following—

(a)food retailers, including food markets, supermarkets, convenience stores and corner shops,

(b)off licenses and licensed shops selling alcohol (including breweries),

(c)pharmacies (including non-dispensing pharmacies) and chemists,

(d)newsagents,

[F243(e)building merchants and suppliers of products and tools used in building work and repairs,]

(f)petrol stations,

(g)car repair and MOT services,

(h)bicycle shops,

(i)taxi or vehicle hire businesses,

(j)banks, building societies, credit unions, short-term loan providers, savings clubs, cash points and undertakings which by way of business operate a currency exchange office, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers,

(k)post offices,

(l)funeral directors,

(m)laundrettes and dry cleaners,

(n)dental services, opticians, audiology services, chiropody services, chiropractors, osteopaths and other medical or health services, including services relating to mental health,

(o)veterinary surgeons and pet shops,

(p)agricultural supplies shops and agricultural markets,

(q)storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this sub-paragraph,

(r)car parks,

(s)public toilets,

(t)livestock markets or auctions,

(u)F244... outdoor markets, F245....

[F246(ua)subject to sub-paragraph (5), [F247motor vehicle traders],]

[F248(v)libraries operated by, or associated with, a further education institution or a higher education institution in relation to the provision of library services to a member of staff or a student of the institution,]

[F249(w)public libraries providing free computer and internet access by appointment, but only in so far as necessary to provide access to that service.]

[F250(x)baby equipment shops,

(y)electrical goods shops, for the purpose of repairs,

(z)garden centres and plant nurseries,

(za)homeware shops,

(zb)key cutting shops,

(zc)shops selling mobility and independent living aids,

(zd)premises, or an area within premises, laid out as a showroom to demonstrate products for installation in a residential property, such as kitchen, bathroom, furniture or glazing showrooms.]

[F251(4) Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

[F252(4A) Sub-paragraph (1) does not prevent the use of 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.]

[F253[F254(5) A person who is responsible for carrying on a business as a motor vehicle trader may only admit customers to an indoor showroom by staggered appointment with, where reasonably practicable, a gap between each appointment.]

(6) In this paragraph “permitted collection service” means a service that is provided—

F255(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)by staggered appointment, with where reasonably practicable a gap between each appointment, and

(c)where access to the premises is given only to the extent necessary to provide the service.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I49Sch. 5 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to cease providing holiday accommodation in a Level 4 areaS

3.—(1) A person who is responsible for carrying on a business in a Level 4 area consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business.

(2) Sub-paragraph (1) does not prevent holiday accommodation from being provided—

(a)to any person, who—

(i)is unable to return to their main residence,

(ii)uses that accommodation as their main residence,

(iii)is living in that accommodation for work purposes,

(iv)needs accommodation while moving house,

(v)needs accommodation to attend a funeral, [F256a marriage ceremony or civil partnership registration,]

[F257(vi)needs accommodation in order to participate in or facilitate shared parenting arrangements,]

(b)to the homeless or to support services for the homeless,

(c)to host blood donation sessions, or

(d)for any purpose requested by the Scottish Ministers [F258, a local authority or a health board.]

[F259(3) Sub-paragraph (1) does not prevent the use of 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.]

Textual Amendments

Commencement Information

I50Sch. 5 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to cease mobile close contact services in a Level 4 areaS

4.—(1) A person who provides a close contact service must not provide that service in a Level 4 area as a mobile close contact service.

(2) For the purposes of this paragraph—

(a)a “close contact service” means—

(i)hairdressing and barber services,

(ii)beauty and nail services (including make-up services),

(iii)hair removal services,

(iv)tattoo, piercing and body modification services,

(v)fashion design, dress-fitting and tailoring services,

(vi)indoor portrait photography and art services,

(vii)massage therapies,

(viii)complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(ix)spa and wellness services,

(x)other services or procedures which require physical contact or close physical proximity between a provider and a customer and are not ancillary to medical, health, or social care services.

(b)a “mobile close contact service” means a close contact service which is provided at a location other than—

(i)fixed business premises which have as one of their uses the provision of the service,

(ii)a room which is used exclusively for the provision of the service and is situated within a private dwelling, hospice, or other care setting.

Commencement Information

I51Sch. 5 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F260Requirement to cease driving lessons and tests in a Level 4 areaS

4A.  A person who provides a driving lesson or driving test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in a Level 4 area.]

Textual Amendments

[F261Requirement to cease mobile close contact services or vehicle driving lessons or tests in respect of Level 4 areasS

4B.—(1) A person responsible for carrying on a business, or who operates from premises, located in a Level 4 area who provides a mobile close contact service, must not provide that service in any other local authority area.

(2) A person responsible for carrying on a business, or who operates from premises, located in a Level 4 area who provides a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in any other local authority area.

(3) A person who is living in a Level 4 area who provides a mobile close contact service must not provide that service in any other local authority area.

(4) A person who is living in a Level 4 area who provides a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in any other local authority area.

(5) No person may provide a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) to a person who is living in a Level 4 area.

(6) In this paragraph, “mobile close contact service” has the meaning given in paragraph 4(2).]

Textual Amendments

[F262Exemption for certain driving lessons and tests in Level 4 areasS

4C.—(1) Paragraphs 4A and 4B(2), (4) and (5) do not prevent a person providing a driving test—

(a)in accordance with their appointment under regulation 23(1)(c), (db) or (e) or 24(1)(cb), (d) or (f) of the 1999 Regulations, or

(b)for the purposes of the 2007 Regulations, where that person is appointed to conduct driving tests under regulations 23(1)(e) or 24(1)(f) of the 1999 Regulations.

(2) Paragraphs 4A and 4B(2), (4) and (5) do not prevent a person providing a driving lesson—

(a)for the purpose of delivering training prior to a test that will be conducted in accordance with sub-paragraph (1)(a), or

(b)for the purpose of delivering training required by the 2007 Regulations, where that person is an eligible person to be appointed under regulations 23(1)(e) or 24(1)(f) of the 1999 Regulations.

(3) In this paragraph—

“the 1999 Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999,

“the 2007 Regulations” means the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007.]

Textual Amendments

PART 2SOther restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 4 areaS

5.—(1) A person who is responsible for carrying on a food and drink business in a Level 4 area may sell food or drink for consumption on the premises only if—

(a)where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b)the customer remains seated whilst consuming the food or drink on the premises.

(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(3) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

(4) Sub-paragraph (1) is subject to paragraph 6.

Commencement Information

I52Sch. 5 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Closure of food and drink businesses in a Level 4 areaS

6.—(1) A person who is responsible for carrying on a food and drink business in a Level 4 area must—

(a)close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,

(b)cease selling food or drink for consumption on those premises,

(c)not permit consumption of food or drink on those premises by members of the public.

(2) Sub-paragraph (1) does not prevent food or drink being sold—

(a)for consumption off the premises, [F263provided that the person responsible for carrying on the food and drink business ensures that—

(i)the food or drink is provided by means of a delivery to the customer, or

(ii)the customer who collects the food or drink does not enter into the premises to do so,]

(b)by a hotel or other accommodation for consumption as part of room service,

(c)by a hotel or other accommodation between the hours of 0600 and 2200 for consumption by its residents in any other area of the hotel or accommodation,

(d)for consumption in a cafe, dining hall or canteen at—

(i)a hospital or care home,

(ii)a school or student accommodation,

(iii)a prison,

(iv)an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or

(v)a workplace canteen where—

(aa)there is no practical alternative for staff at that workplace to obtain food, and

(bb)so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,

(e)for consumption in premises providing food or drink to homeless persons,

(f)for consumption in premises which are airside at an airport,

(g)for consumption in premises which are on a ferry.

(3) Sub-paragraph (2)(c) to (g) does not apply in relation to the sale of alcohol.

(4) Sub-paragraph (1) does not prevent—

(a)the consumption of food or drink by a resident of a hotel in their private room,

(b)the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (2)(d) to (g).

(5) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(6) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

[F264(7) Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

[F265(8) Sub-paragraph (1) does not prevent the use of 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.]

Textual Amendments

Commencement Information

I53Sch. 5 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Exceptions to food and drink business closures for certain servicesS

7.—(1) Where sub-paragraph (2) applies, the requirements in paragraph 6 (closure of food and drink businesses in a level 4 area) apply with the following modifications:

(a)in sub-paragraph (1), after “must”, insert “between the hours of 2200 and 0600”,

(b)sub-paragraphs (2) and (3) are omitted.

(2) This sub-paragraph applies where a food and drink business located in a Level 4 area is providing services—

(a)for the purpose of a marriage ceremony or civil partnership registration, or

F266(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I54Sch. 5 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to take measures to minimise risk of exposure to coronavirus in a Level 4 areaS

8.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 4 area must take—

(a)measures to ensure, so far as reasonably practicable, that—

(i)the required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)[F267)],

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

(iii)the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)[F268)], and

(b)all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, 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 the use of entrances, passageways, stairs and lifts,

(iii)controlling the 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 the 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 sub-paragraph (1)(a)(i) and (iii) are—

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

[F269(aa)a child under 12 years of age and any other person,]

(b)a carer and the person assisted by that carer, F270...

(c)in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F271, or]

[F272(d)where a marriage ceremony or civil partnership registration is taking place—

(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and

(ii)one or both parties to the marriage or civil partnership].

(3) In this paragraph—

“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 M40,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M41,

“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 M42.

(4) In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—

(a)passenger transport service premises,

(b)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(c)cafes, [F273excluding] workplace canteens,

(d)bars, including bars in hotels or members' clubs, and

(e)public houses.

Textual Amendments

Commencement Information

I55Sch. 5 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M42Section 1(5)(a) was amended by schedule 3 of the Standards in Scotland's Schools etc. Act 2000 (asp 6), paragraph 3(2)(a) of schedule 3 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and paragraph 2(2)(c) of schedule 5 of the Children and Young People (Scotland) Act 2014 (asp 8).

Guidance on minimising exposure to coronavirus in a Level 4 areaS

9.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 4 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 8(1)(b) relating to its premises, business or service.

(2) Guidance issued by the Scottish Ministers 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).

(3) Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in paragraph (1).

Commencement Information

I56Sch. 5 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to collect and share information: restaurants, cafes, bars, public houses, etc. in a Level 4 areaS

10.—(1) A person who is responsible for a relevant hospitality premises in a Level 4 area must, in relation to the premises, take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and

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

[F274(2) Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—

(a)purchasing or collecting food or drink for consumption off the premises, or

(b)voting in an election.]

(3) A person who is responsible for a relevant hospitality premises 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 purpose of—

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

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

(4) In this paragraph—

“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 M43,

“relevant hospitality premises” means—

(a)

a restaurant, cafe, bar or public house, or

(b)

a hotel in which food or drink is sold for consumption on the premises, and

“visitor information” means—

(a)

the name and telephone number of one member of each household visiting the premises,

(b)

the date of their visit and arrival time, and

(c)

the number of members of that person's household visiting the premises at that time.

Textual Amendments

Commencement Information

I57Sch. 5 para. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

[F275[F276Residential properties (eviction)]S

10A.—(1) No person may attend at a dwelling house for the purpose of—

(a)serving a charge for removing, or

(b)executing a decree for removing from heritable property.

(2) Sub-paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in—

(a)Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 1984,

(b)Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 1988,

(c)Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 2001, or

(d)Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016.

(3) The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) does not run during any period for which this paragraph has effect.

(4) In this paragraph—

“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007,

[F277“a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) (service of charge before removing) of the 2007 Act in the case of a decree for removing from heritable property,] and

[F278“a decree for removing from heritable property” means a decree, order or warrant of a type mentioned in any of the following paragraphs of section 214(2) of the 2007 Act—

(a)

paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—

(i)

section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 1894, or

(ii)

section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970,

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).]]

Textual Amendments

PART 3SRestrictions on gatherings

Restriction on public gatherings indoors in F279... 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 [F280four] 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,

[F281(iii)subject to head (ca), attending a place of worship,]

(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)[F282is] a funeral, F283...

[F284(ca)is a marriage ceremony or civil partnership registration F285...]

[F286(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

I58Sch. 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—

[F287(a)consists of no more than [F288four] persons from no more than [F289two] households,]

[F290(b)consists of no more than four persons from no more than four 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,

[F291(iii)subject to head (ea), attending a place of worship,]

(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),

[F292(xii)organised exercise which—

(aa)is not a contact sport, or

(bb)is for persons under [F29318] years of age,]

[F294(xiii)an organised activity, which is not a public procession, and which is for persons who are all under 18 years of age,]

[F295(xiv)an organised picket,]

(e)[F296is] a funeral, F297...

[F298(ea)is a marriage ceremony or civil partnership registration F299...]

[F300(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 [F301[F302sub-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.

[F303(4) For the purpose of sub-paragraph (1)(d)(xiv), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 8(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]

Textual Amendments

Commencement Information

I59Sch. 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—

[F304(a)takes place outdoors and consists of no more than [F305four] persons from no more than [F306two] households,

[F307(b)takes place outdoors and—

(i)consists of no more than four persons from no more than four 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 [F308, 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, F309...

[F310(da)is a marriage ceremony or civil partnership registration F311...]

(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

I60Sch. 5 para. 13 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F312PART 4SRestrictions on movement

Textual Amendments

Restrictions on leaving Level 4 areaS

[F31314.—(1) A person who lives in a Level 4 area must not leave or remain away from that area.

(2) But a person who lives in a Level 4 area may leave the area in order to travel to another part of the same area.]

Textual Amendments

Restrictions on entering Level 4 areaS

15.—(1) A person who does not live in a Level 4 area must not enter or remain in that area.

(2) But a person who does not live in a Level 4 area may travel through it in order to reach a place outwith the area.

Examples of reasonable excuseS

16.—[F314(1) For the purposes of this Part, examples of what constitutes a reasonable excuse (see regulation 5(4)) include leaving or remaining away from the area in which the person lives, or (as the case may be) entering or remaining in a Level 4 area that the person does not live in, for the purposes set out in sub-paragraph (2).]

(2) The purposes are to—

(a)obtain or provide—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons,

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person,

(b)work or provide voluntary or charitable services, where it is not possible for the person to do so from home,

(c)access, provide or receive childcare, education or training, including a support service for parents or expectant parents,

(d)lead an act of worship [F315or attend the person’s usual place of worship],

(e)provide care or assistance to a vulnerable person,

(f)visit a person detained in a prison, young offenders institution, remand centre, secure accommodation or other place of detention,

(g)provide or receive emergency assistance,

(h)provide or obtain medical assistance, including accessing any of the following—

(i)audiology services,

(ii)chiropody services,

(iii)chiropractic services,

(iv)dental services,

(v)ophthalmic services,

(vi)osteopathic services,

(vii)services relating to mental health,

(i)accompany a person obtaining medical assistance, or visit a person receiving treatment in a hospital or who is residing in a hospice or care home,

(j)avoid injury, illness or other risk of harm, or support someone who is doing so,

(k)move home or undertake activities in connection with the maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for,

(l)participate in or facilitate shared parenting arrangements,

(m)fulfil a legal obligation or participate in legal proceedings,

(n)donate blood,

(o)vote, or register to vote, in an election (including to vote as proxy),

(p)access public services, including any of the following—

(i)social services,

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

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

(iv)asylum and immigration services and interviews,

(q)access services provided by voluntary or charitable services, including food banks,

(r)access waste disposal or recycling facilities,

(s)obtain money from or deposit money with a business mentioned in paragraph 2(3)(j) or (k),

[F316(sa)participate in or facilitate organised activity, sport or exercise which is for persons under 18 years of age,]

[F317(t)undertake exercise or recreation—

(i)outdoors,

[F318(aii)that starts and ends at the same place, which place must be—

(aa)in the area in which the person lives, or

(bb)within 5 miles of such area, and]

F319(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)is either undertaken—

(aa)alone,

(bb)with members of the person’s household,

(cc)in a gathering within the meaning of paragraph 12(1)(a) F320... or (c),

F321(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ee)in a gathering within the meaning of paragraph 13(1)(a), or

(ff)in a gathering within the meaning of paragraph 13(1)(b), [F322and,

(iv)does not involve an overnight stay outwith the area in which the person lives]]

(u)where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

[F323(v)attend a marriage ceremony or registration of a civil partnership, where the person is, in relation to that marriage ceremony or civil partnership registration—

(i)a party,

(ii)a witness,

(iii)the approved celebrant or authorised registrar within the meaning of section 8(2) of the Marriage (Scotland) Act 1977,

(iv)the approved celebrant within the meaning of section 94A(4)(a) of the Civil Partnership Act 2004,

(v)the authorised registrar within the meaning of section 87 of the Civil Partnership Act 2004, or

(vi)a required interpreter,]

[F324(w)attend a funeral or commemorative event for a person who has died (other than a wake or a funeral tea), or to travel for compassionate reasons which relate to the end of a person’s life,]

(x)feed or care for an animal, including obtaining veterinary services,

(y)where the person is a member of an extended household, visit a member of the household which forms the other part of the extended household and who lives outwith the area in which the person lives or, as the case may be, in a Level 4 area,

F325(z). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F326(za)access or undertake driving lessons or take a driving test where the lesson or test is permitted under this schedule.]

[F327(zb)attend an organised picket.]

(3) For the purpose of [F328sub-paragraph (2)(sa), activity, sport or exercise] 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,

(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 [F329activity, sport or exercise], taking into account any relevant guidance issued by the Scottish Ministers.

[F330(4) For the purpose of sub-paragraph (2)(zb), a picket is “organised” if—

(a)it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the organiser of the picket has taken such measures described in paragraph 8(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.]]

Textual Amendments

Requirement to stay at home in Level 4 areasS

F33117.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Examples of reasonable excuseS

F33218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F333PART 5SRestriction on consumption of alcohol

Textual Amendments

Restriction on consumption of alcohol in a public place outdoors in a Level 4 areaS

19.—(1) A person must not consume alcohol in a public place outdoors located in a Level 4 area.

(2) For the purposes of the restriction in sub-paragraph (1)—

(a)any liquid found in a container is presumed to conform to the description of the liquid on the container,

(b)a container which is found to contain—

(i)no liquid, or

(ii)insufficient liquid to permit analysis

is presumed to have contained, at the time of any alleged breach of that restriction, liquid which conformed to the description of the liquid on the container.

(3) A person is not entitled to lead evidence for the purpose of rebutting a presumption mentioned in sub-paragraph (2) unless, not less than 7 days before the date of any trial in proceedings for an alleged offence for a breach of the restriction in sub-paragraph (1), that person has given notice to the prosecutor of an intention to do so.]

Regulation 3(6)

[F334SCHEDULE 6SAreas

Textual Amendments

1.—(1) This is the table referred to in regulation 3(6).S

F335(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F336Column (1)Column (2)Column (3)
AreaLevel of Area
1Scotland (except the areas set out in the following rows)2
2Aberdeen City local government area1
3Aberdeenshire local government area1
4Angus local government area1
5Argyll and Bute local government area1
6Dumfries and Galloway local government area1
7East Lothian local government area1
8Falkirk local government area1
9Fife local government area1
10Highland local government area1
11Inverclyde local government area1
12Moray local government area1
13Perth and Kinross local government area1
14Scottish Borders local government area1
15West Dunbartonshire local government area1
16West Lothian local government area1
17The islands in the Highland local government area (except the Isle of Skye)0
18The Isle of Coll, the Isle of Colonsay, the Isle of Erraid, the Isle of Gometra, the Isle of Iona, the Isle of Islay, the Isle of Jura, the Isle of Mull, the Isle of Oronsay, the Isle of Tiree, and the Isle of Ulva0
19Orkney Islands local government area0
20Shetland Islands local government area0
21Na h-Eileanan Siar local government area0]]

Textual Amendments

Regulation 3

SCHEDULE 7SFace Covering Requirements

Requirement to wear face coverings on public transportS

1.—(1) A person who uses a passenger transport service or passenger transport service premises must wear a face covering, unless the person is—

(a)on a school transport service,

(b)on a cruise ship,

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

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

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

(f)providing a passenger transport service, or an employee of that person, and—

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

(ii)the wearing of a face covering would materially impede communicating with other persons about a risk of harm or for other safety purposes,

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

(h)on a ferry, where—

(i)the person is on part of the ferry which is entirely outdoors, or

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

(i)seeking medical assistance, and—

(i)the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(j)providing care or assistance to a vulnerable person, including emergency assistance, where—

(i)the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(k)acting to avoid injury, or illness or to escape a risk of harm, where—

(i)the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(l)unable to 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 M44), or

(ii)without severe distress,

(m)communicating with a person who has difficulties communicating (in relation to speech, language or otherwise) and relies on lip reading or facial expression to be able to communicate,

(n)eating or drinking,

(o)taking medication, the taking of which reasonably requires that the person is not wearing a face covering, or

(p)complying with a request by a relevant person or another person acting in the course of their duties, and in this sub-paragraph “relevant person” has the meaning given by regulation 4(11).

(2) For the purpose 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 purpose 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)the part of those premises in which they are present is available for use by the public.

Commencement Information

I61Sch. 7 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Requirement to wear face coverings in certain indoor placesS

2.  A person who enters or remains within a place listed in paragraph 3 must wear a face covering, unless the person is—

(a)a child who is under 5 years of age,

(b)a constable acting in the course of the constable's duty,

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

(d)a person who is responsible for a place listed in paragraph 3, an employee of that person or a volunteer at that 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 restaurant, cafe, bar or public house and seated at a table,

(f)in a place of worship and leading an act of worship where—

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

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

(g)at a funeral, marriage ceremony or civil partnership registration and leading the service, ceremony or registration where—

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

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

(h)at a marriage ceremony or civil partnership registration and is one of the parties to be married or entering into a civil partnership, where—

(i)there is a partition between the parties and any other person, F337...

(ii)a distance of at least two metres is maintained between the parties and any other person, [F338or]

[F339(iii)as part of the ceremony or registration and within the immediate vicinity of the relevant premises, they are being accompanied by one or more other persons to the specific location at which the marriage ceremony or civil partnership registration will take place.]

[F340(ha)performing, presenting, addressing a public gathering, making a speech or being a panel member, where—

(i)there is a partition between the person and other persons, or

(ii)a distance of at least two metres is maintained between the person and other persons,]

(i)seeking medical assistance, and—

(i)the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(j)providing care or assistance to a vulnerable person, including emergency assistance, where—

(i)the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(k)acting to avoid injury, or illness or to escape a risk of harm, where—

(i)the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(l)unable to 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), or

(ii)without severe distress,

(m)communicating with a person who has difficulties communicating (in relation to speech, language or otherwise) and relies on lip reading or facial expression to be able to communicate,

(n)eating or drinking,

(o)taking part in exercise of a type which reasonably requires that the person is not wearing a face covering,

(p)taking medication, the taking of which reasonably requires that the person is not wearing a face covering,

[F341(pa)receiving a close contact service that requires access to the area covered by a face covering, where—

(i)the face covering is removed only for as long as is necessary to receive the service to that area, and

(ii)the person giving the service takes appropriate mitigation measures to minimise exposure to coronavirus, taking into account any relevant guidance issued by the Scottish Ministers,]

(q)complying with a request by a relevant person or another person acting in the course of their duties, and in this sub-paragraph “relevant person” has the meaning given by regulation 4(11),

(r)undertaking food handling tasks, to avoid risk to the hygiene or safety of food arising from or in connection with the wearing of a face covering, or

(s)undertaking tasks in the course of their employment, where the wearing of a face covering would cause a material risk of harm.

Textual Amendments

Commencement Information

I62Sch. 7 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F3422A.  In paragraph 2(pa), “a close contact service” means—

(a)hairdressing and barber services,

(b)beauty and nail services (including make-up services),

(c)hair removal services,

(d)tattoo, piercing and body modification services,

(e)fashion design, dress-fitting and tailoring services,

(f)indoor portrait photography and art services,

(g)massage therapies,

(h)complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(i)spa and wellness services,

(j)other services or procedures which require physical contact or close physical proximity between a provider and a customer and are not ancillary to medical, health or social care services.]

Textual Amendments

Places where face coverings must be wornS

3.—(1) These are the places where face coverings must be worn in accordance with paragraph 2—

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

(i)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(ii)cafes, including canteens except canteens in a school or any other place where child minding or day care of children within the meaning of paragraphs 12 and 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010 M45 is provided,

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

(iv)public houses,

(b)any indoor communal area—

(i)in a workplace, and

(ii)where there are no measures in place to keep persons separated by either a—

(aa)partition, or

(bb)distance of at least two metres,

(c)any indoor public place, or part of an indoor public place, where a marriage ceremony or civil partnership registration is taking place, including any restaurant, cafe, bar or public house for the duration of the ceremony or registration,

(d)amusement arcades [F343, snooker or pool halls] and other indoor leisure facilities,

(e)banks, building societies and credit unions,

(f)bingo halls,

(g)bowling alleys,

(h)casinos,

(i)cinemas,

(j)community centres,

(k)crematoriums and funeral directors premises,

(l)enclosed motor vehicles while in use for a driving lesson or driving test, unless all occupants are members of the same household,

(m)indoor fitness studios, gyms, swimming pools or other indoor leisure centres,

(n)indoor funfairs,

(o)indoor skating rinks,

(p)libraries and public reading rooms,

(q)museums and galleries,

(r)places of worship,

(s)post offices,

(t)registration offices, meaning any registration office provided under section 8(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 M46, F344...

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

[F345(v)indoor theatres,

(w)comedy clubs,

(x)concert halls,

(y)soft play centres,

(z)sports stadiums, F346...

(aa)conference or exhibition centres]

[F347(ab)any indoor public place, or part of an indoor public place, being used—

(i)as a polling station,

(ii)for the opening of postal votes, or the counting of votes cast, in an election.]

(2) In this paragraph—

“communal area” means an area where persons mingle or gather, such as—

(a)

passageways,

(b)

stairs,

(c)

lifts,

(d)

staff rooms,

(e)

training rooms,

(f)

changing rooms, or

(g)

entrances,

“motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988 M47, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act, and

“workplace” excludes—

(a)

a school, and

(b)

any other place where child minding or day care of children within the meaning of paragraphs 12 and 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010 M48 is provided.

Textual Amendments

Commencement Information

I63Sch. 7 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Regulation 3(5B)

[F348SCHEDULE 7ASRestrictions on leaving or entering Scotland: common travel area

Textual Amendments

Restrictions on leaving ScotlandS

1.—(1) A person who lives in Scotland must not leave Scotland for the purpose of entering or remaining in a place within the common travel area mentioned in paragraph 4.

(2) But a person who lives in Scotland may travel through such a place in order to reach another destination.

(3) This paragraph is without prejudice to the restrictions in Part 4 of schedule 4 and Part 4 of schedule 5.

Restrictions on entering ScotlandS

2.—(1) A person who lives in a place within the common travel area mentioned in paragraph 4 must not enter or remain in Scotland.

(2) But a person who does not live in Scotland may travel through Scotland in order to reach a place outwith Scotland.

Examples of reasonable excuseS

3.—(1) For the purposes of this schedule, examples of what constitutes a reasonable excuse (see regulation 5(4)) include leaving Scotland or (as the case may be) entering or remaining in Scotland, for the purposes set out in sub-paragraph (2).

(2) The purposes are to—

(a)obtain or provide—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons,

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person,

(b)work or provide voluntary or charitable services, where it is not possible for the person to do so from home,

(c)access, provide or receive childcare, education or training, including a support service for parents or expectant parents,

(d)access or undertake driving tuition or take a driving test,

(e)lead an act of worship or attend the person’s usual place of worship,

(f)provide care or assistance to a vulnerable person,

(g)visit a person detained in a prison, young offenders institution, remand centre, secure accommodation or other place of detention,

(h)provide or receive emergency assistance,

(i)provide or obtain medical assistance, including accessing any of the following—

(i)audiology services,

(ii)chiropody services,

(iii)chiropractic services,

(iv)dental services,

(v)ophthalmic services,

(vi)osteopathic services,

(vii)services relating to mental health,

(j)accompany a person obtaining medical assistance, or visit a person receiving treatment in a hospital or who is residing in a hospice or care home,

(k)avoid injury, illness or other risk of harm, or support someone who is doing so,

(l)move home or undertake activities in connection with the maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for,

(m)participate in or facilitate shared parenting arrangements,

(n)fulfil a legal obligation or participate in legal proceedings,

(o)vote, or register to vote, in an election (including to vote as proxy),

(p)donate blood,

(q)access public services, including any of the following—

(i)social services,

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

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

(iv)asylum and immigration services and interviews,

(r)access services provided by voluntary or charitable services, including food banks,

(s)access waste disposal or recycling facilities,

(t)obtain money from or deposit money with a business mentioned in paragraph 2(3)(j) or (k) of schedule 5,

(u)participate in or facilitate organised activity, sport or exercise which is for persons under 18 years of age,

(v)exercise outdoors, provided that the exercise—

(i)is not organised, and

(ii)starts and ends at the same place, which place must be—

(aa)in the local government area in which the person lives, or

(bb)within 5 miles of such local government area,

(w)where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

[F349(x)attend a marriage ceremony or registration of a civil partnership, where the person is, in relation to that marriage ceremony or civil partnership registration—

(i)a party,

(ii)a witness,

(iii)the religious or belief celebrant who is to solemnise the marriage or register the civil partnership, or

(iv)a required interpreter,]

(y)attend a gathering which [F350is a funeral or commemorative event for a person who has died (other than a wake or a funeral tea)] or to travel for compassionate reasons which relate to the end of a person’s life,

(z)feed or care for an animal, including obtaining veterinary services,

(aa)where the person is a member of an extended household, visit a member of the household which forms the other part of the extended household and who lives outwith the area in which the person lives or, as the case may be, in Scotland.

F351(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of sub-paragraph (2)(u) and (v), activity, sport or exercise 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,

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

(b)if taking place in Scotland, the organiser has taken such measures described in these regulations as are relevant to the particular activity, sport or exercise, taking into account the level of the area in question and any relevant guidance issued by the Scottish Ministers or, if taking place outwith Scotland, the organiser has taken into account such equivalent measures as are relevant to the particular exercise as are applicable in that place.

(4) For the purpose of sub-paragraph (2)(v)(ii), a reference to a local government area is a reference to a local government area in Scotland or, as the case may be, the area of a county within the meaning of section 1 of the Local Government Act 1972.

Textual Amendments

[F352Places in respect of which restrictions in this schedule applyS

4.  The places are—

F353(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F354(b)in England, the areas of—

F355(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)Blackburn with Darwen Borough Council,

(iii)Bolton Metropolitan Borough Council.

[F356(iv)Manchester City Council,

(v)Salford City Council.]]

Textual Amendments

5.  In this schedule, the “common travel area” has the meaning given in section 1(3) of the Immigration Act 1971.]]

Textual Amendments

Regulation 11

SCHEDULE 8SRevocations

Commencement Information

I64Sch. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Regulations revokedReference
The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020S.S.I. 2020/279
The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Amendment Regulations 2020S.S.I. 2020/300
The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020S.S.I. 2020/318
The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Amendment Regulations 2020S.S.I. 2020/325

Explanatory Note

(This note is not part of the Regulations)

These Regulations (which come into force at 6 a.m. on 2 November 2020) set out restrictions and requirements which apply in Scotland as a result of coronavirus. Different levels of restrictions and requirements (Level 0 to Level 4) are provided for in schedules 1 to 5 respectively of these Regulations. The levels apply to the local areas specified in schedule 6.

The Regulations require certain premises to close to members of the public. They also require a person who is responsible for a place of worship, carrying on a business or providing a service to take measures, where reasonably practicable, to minimise the risk of exposure to coronavirus. Certain food and drink and public house businesses are made subject to restrictions on opening times and sales.

A person who is responsible for a relevant hospitality premises is required to take measures to obtain and record visitor information, in a suitable filing system, for a period of at least 21 days. They must provide this information to a public health officer as soon as reasonably practicable if so requested for the purpose of preventing the spread of coronavirus or monitoring the spread of infection and the incidence of coronavirus disease. Persons responsible for a place of worship, for carrying on a business or providing a service are also required to have regard to guidance issued by the Scottish Ministers relating to its premises, business or service.

These Regulations create restrictions on gatherings in public places and private dwellings, limiting the number of persons and households which can meet. There are exemptions to these restrictions.

Part 3 of the Regulations also provides for the enforcement of these Regulations, including criminal offences (regulation 5), power of entry (regulation 6) and fixed penalty notices (regulation 7).

At all levels, the Regulations require persons who use a passenger transport service or passenger transport service premises (which are both defined terms in the Regulations) to wear a face covering unless a specific exemption applies (schedule 7). They also require persons who use certain other places, which are listed in schedule 7, to wear a face covering unless a specific exemption applies.

The Scottish Ministers must review the restrictions and requirements imposed by the Regulations at least once every 21 days and must terminate any restriction or requirement as soon as it is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of coronavirus in Scotland. The first review is required by 18 November 2020.

These Regulations expire on 31 March 2021.

These Regulations replace the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 and the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020.

A Business and Regulatory Impact Assessment has been prepared. Copies may be obtained online at www.legislation.gov.uk.

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