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

PART 2 S Restrictions

Application of the Restrictions S

3.—(1) The restrictions and requirements set out in schedule 1 (“Level 0 restrictions”) [F1 , 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”) [F2 , 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”) [F3 , 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”) [F4 , 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”) [F5 , paragraph 14 of schedule 4] and schedule 7 apply in relation to a Level 4 area.

[F6 (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.]

[F7 (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

F1 Words in reg. 3(1) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(a)

F2 Words in reg. 3(2) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(b)

F3 Words in reg. 3(3) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(c)

F4 Words in reg. 3(4) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(d)

F5 Words in reg. 3(5) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(e)

F6 Reg. 3(5A) inserted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 12

F7 Reg. 3(5B) inserted (20.11.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 5(1)(f)

Commencement Information

I1 Reg. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F8 Modification of the restrictions in certain areas S

3A.— (1) In its application in relation to the areas mentioned in paragraph (2), schedule 2, paragraph 9 (restriction on gatherings in private dwellings in a Level 1 area) has effect as if—

(a) before sub-paragraph (1)(a) there is inserted—

“(za) takes place indoors and consists of no more than six persons from no more than two households,”, and

(b) after sub-paragraph (1) there is inserted—

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

(2) The areas are those specified in column 2 of the following entries of the table in schedule 6—

[F9 (za) 19 (Highland) but for the purpose of this regulation that area is limited to any island within that area other than the Isle of Skye,]

(a) 27 (Orkney Islands),

(b) 28 (Shetland Islands), and

(c) 32 (Na h-Eileanan Siar).

[F10 (3) In its application in relation to the area mentioned in paragraph (4), paragraph 13 of schedule 3 (restrictions on gatherings in private dwellings in a level 2 area) has effect as if—

(a) before sub-paragraph (1)(a) there is inserted—

“(zb) takes place indoors and consists of no more than six persons from no more than two households,” and

(b) after sub-paragraph (1) there is inserted—

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

(4) The area is the area specified in entry 20 in the table in schedule 6 (Argyll and Bute) but for the purpose of this regulation that area is limited to the following islands—

(a) the Isle of Coll,

(b) the Isle of Colonsay,

(c) the Isle of Erraid,

(d) the Isle of Gometra,

(e) the Isle of Iona,

(f) the Isle of Islay,

(g) the Isle of Jura,

(h) the Isle of Mull,

(i) the Isle of Oronsay,

(j) the Isle of Tiree, and

(k) the Isle of Ulva.]]

Textual Amendments

F8 Reg. 3A inserted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 4

F9 Reg. 3A(2)(za) inserted (11.12.2020 at 1800 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/427), regs. 1(2), 4

F10 Reg. 3A(3)(4) inserted (18.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/439), regs. 1, 3

[F11 Temporary modification of restrictions: holiday gatherings S

3B.— (1) For the period beginning on 23 December 2020 and ending at 11:59 p.m. on 27 December 2020 the restrictions in these Regulations have effect as if—

(a) in regulation 2(1) (interpretation), after the definition of “gathering” there were inserted—

““holiday gathering” means a gathering of no more than 8 persons from no more than 3 households who have chosen to be treated as a holiday gathering for the purposes of—

(a)

gathering in a private dwelling which is either—

(i)

the main residence of one of the households, or

(ii)

located in the same local authority area as the place which is the main residence of one of the households,

(b)

gathering outdoors,”,

(b) in schedule 2 (level 1 restrictions) before paragraph 9(1)(a) (restriction on gatherings in private dwellings in a level 1 area) there were inserted—

“(za) is a holiday gathering,”,

(c) in schedule 3 (level 2 restrictions)—

(i) before paragraph 12(1)(a) (restriction on public gatherings outdoors in a level 2 area) there were inserted—

“(za) is a holiday gathering,”,

(ii) before paragraph 13(1)(a) (restriction on gatherings in private dwellings in a level 2 area) there were inserted—

“(za) is a holiday gathering,”,

(d) in schedule 4 (level 3 restrictions)—

(i) before paragraph 11(1)(a) (restriction on public gatherings outdoors in a level 3 area) there were inserted—

“(za) is a holiday gathering,”,

(ii) before paragraph 12(1)(a) (restriction on gatherings in private dwellings in a level 3 area) there were inserted—

“(za) is a holiday gathering,”,

(iii) before paragraph 15(2)(a) (travel restrictions: reasonable excuses) there were inserted—

“(za) gather with one or more other households as a holiday gathering [F12 , or a gathering in the Republic of Ireland or Jersey,] or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period,”,

(e) in schedule 5 (level 4 restrictions)—

(i) after paragraph 3(1) (requirement to cease providing holiday accommodation in a level 4 area) there were inserted—

“(1A) Sub-paragraph (1) does not prevent a holiday gathering in a private dwelling.”,

(ii) before paragraph 3(2)(a) there were inserted—

“(za) to a person for the purpose of attending a holiday gathering in a private dwelling which is located in the same local authority area as that holiday accommodation,”,

(iii) before paragraph 12(1)(a) (restriction on public gatherings outdoors in a level 4 area) there were inserted—

“(za) is a holiday gathering,”,

(iv) before paragraph 13(1)(a) (restriction on gatherings in private dwellings in a level 4 area) there were inserted—

“(za) is a holiday gathering,”,

(v) before paragraph 16(2)(a) (travel restrictions: reasonable excuses) there were inserted—

“(za) gather with one or more other households as a holiday gathering [F13 , or a gathering in the Republic of Ireland or Jersey,] or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period,”,

(f) in schedule 7A (restrictions on leaving or entering Scotland: common travel area) before paragraph 3(2)(a) (travel restrictions: reasonable excuses) there were inserted—

“(za) gather with one or more other households as a holiday gathering [F14 , or a gathering in County Donegal or Jersey,] or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period,”,

(2) For the purposes of travelling to or from Northern Ireland, the restrictions on movement in these Regulations have effect as if—

(a) in schedule 4, after paragraph 15(2)(b) there were inserted—

“(ba) where it is necessary to do so in order to facilitate a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period, travel the day before the relevant period,”,

(b) in schedule 5, after paragraph 16(2)(b) there were inserted —

“(ba) where it is necessary to do so in order to facilitate a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period, travel the day before the relevant period,”,

(c) in schedule 7A, after paragraph 3(2)(b) there were inserted —

“(ba) where it is necessary to do so in order to facilitate a holiday gathering or a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period, travel the day before the relevant period,”.

(3) In this regulation a reference to the “relevant period” is a reference to the period in paragraph (1).

(4) 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 attending a holiday gathering but are to be included when counting the number of households attending a holiday gathering.

(5) A person who during the relevant period attends—

(a) a holiday gathering may attend a subsequent gathering of that holiday gathering provided that in aggregate they gather with no more than 8 persons from not more than 3 households and may not attend any other holiday gathering,

(b) a gathering in England, Wales or Northern Ireland of a kind only permitted during the relevant period may not attend a holiday gathering.

(6) A holiday gathering may not include more than one extended household.]

Textual Amendments

F11 Reg. 3B inserted (4.12.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 6) Regulations 2020 (S.S.I. 2020/415), regs. 1, 3

F12 Words in reg. 3B(1)(d)(iii) inserted (11.12.2020 at 1800 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/427), regs. 1(2), 5(a)

F13 Words in reg. 3B(1)(e)(v) inserted (11.12.2020 at 1800 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/427), regs. 1(2), 5(a)

F14 Words in reg. 3B(1)(f) inserted (11.12.2020 at 1800 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/427), regs. 1(2), 5(b)