http://www.legislation.gov.uk/ssi/2020/344/schedule/1/2020-11-20The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020texttext/xmlenPUBLIC HEALTHStatute Law Database2024-05-15Expert Participation2020-11-20 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. SCHEDULE 1 Regulation 3(1)PART 111A person who is responsible for carrying on a listed business located in a Level 0 area must—aclose to members of the public any premises operated as part of the business, andbnot carry on business at such premises otherwise than in accordance with this regulation.2In sub-paragraph (1), “listed business” means—aa nightclub, dance hall or discotheque,ba sexual entertainment venue.3Sub-paragraph (1) does not prevent the use of—apremises, while those premises remain closed to members of the public, to—irecord a performance or sporting event,iibroadcast a performance or sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, oriiirehearse, train, practise or otherwise prepare for a performance or sporting event, ...bpremises 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,cany suitable premises to host blood donation sessions,dany suitable premises that are used for the purposes of professional sport.4Sub-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 3.5If 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.6In sub-paragraph (2), “sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982 .PART 221A 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—awhere reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, andbthe customer remains seated whilst consuming the food or drink on the premises.2For 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.3If 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.31A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 0 area must take—ameasures to ensure, so far as reasonably practicable, that—ithe required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)),iipersons are admitted to its premises in sufficiently small numbers to make it possible to maintain the required distance, andiiithe required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)), andball 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—ichanging the layout of premises including the location of furniture and workstations,iicontrolling the use of entrances, passageways, stairs and lifts,iiicontrolling the use of shared facilities such as toilets and kitchens,ivotherwise controlling the use of, or access to, any other part of the premises,vinstalling barriers or screens,viproviding, or requiring the use of, personal protective equipment, andviiproviding information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.2The persons mentioned in sub-paragraph (1)(a)(i) and (iii) are—atwo or more members of the same household,ba carer and the person assisted by that carer, orcin relation to premises being used to provide school education, two or more persons where at least one of them is a pupil.3In this paragraph—“carer” includes a person who provides care for the person assisted whether that care is provided—by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016 ,on a paid basis, oron a voluntary basis,“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 ,“required distance” means—in relation to reduced distance premises, at least one metre, orin all other cases, at least two metres,“school education” has the meaning given by section 1(5)(a) of the Education (Scotland) Act 1980 .4In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—apassenger transport service premises,brestaurants, including restaurants and dining rooms in hotels or members' clubs,ccafes, including workplace canteens,dbars, including bars in hotels or members' clubs, andepublic houses.41A 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.2Guidance issued by the Scottish Ministers may—amake different provision for different cases or descriptions of case,bincorporate (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).3Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).51A person who is responsible for a relevant hospitality premises in a Level 0 area must, in relation to the premises, take measures to—aobtain and record visitor information,brecord visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, andcretain visitor information for a period of at least 21 days beginning with the date on which the visit occurred.2Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of purchasing or collecting food or drink for consumption off the premises.3A 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—apreventing a threat to public health resulting from the spread of infection or contamination with coronavirus,bmonitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.4In this paragraph—“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 ,“relevant hospitality premises” means—a restaurant, cafe, bar or public house, ora hotel in which food or drink is sold for consumption on the premises, and“visitor information” means—the name and telephone number of one member of each household visiting the premises,the date of their visit and arrival time, andthe number of members of that person's household visiting the premises at that time.PART 361A person must not participate in a gathering in a public place indoors located in a Level 0 area, unless the gathering—aconsists of no more than eight persons from no more than three households,bis for the purpose of—iwork or providing voluntary or charitable services,iichildcare, education or training,iiiattending a place of worship,ivproviding care or assistance to a vulnerable person,vproviding emergency or medical assistance,viavoiding injury, illness or escaping a risk of harm,viifacilitating a house move,viiifacilitating shared parenting arrangements,ixparticipating in legal proceedings or fulfilling a legal obligation,xdonating blood,xiaccessing public services, including—aasocial services,bbservices provided by the Department for Work and Pensions,ccservices provided to victims (such as victims of crime),xiian organised activity,xiiiorganised exercise,crelates to a funeral, marriage ceremony or civil partnership registration, ordis taking place in student accommodation where all the persons in the gathering—iare using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, andiihave the accommodation as their only or main residence.2For 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.3For the purpose of sub-paragraph (1)(b)(xii) and (xiii), an activity or exercise is “organised” if—ait is organised by—ia person who is responsible for carrying on a business or providing a service,iia person who is responsible for a place of worship,iiia charity or other not for profit organisation,iva club or political organisation, orvthe governing body of a sport or other activity, andbthe 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.71A person must not participate in a gathering in a public place outdoors located in a Level 0 area, unless the gathering—aconsists of no more than fifteen persons from no more than five households,bconsists of no more than eight 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,cconsists of persons who are all under 12 years of age,dis for the purpose of—iwork or providing voluntary or charitable services,iichildcare, education or training,iiiattending a place of worship,ivproviding care or assistance to a vulnerable person,vproviding emergency or medical assistance,viavoiding injury, illness or escaping a risk of harm,viifacilitating a house move,viiifacilitating shared parenting arrangements,ixparticipating in legal proceedings or fulfilling a legal obligation,xdonating blood,xiaccessing public services, including—aasocial services,bbservices provided by the Department for Work and Pensions,ccservices provided to victims (such as victims of crime),xiian organised activity which is not a public procession,xiiiorganised exercise,erelates to a funeral, marriage ceremony or civil partnership registration, orfis taking place in student accommodation, where all the persons in the gathering—iare using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, andiihave the accommodation as their only or main residence.2For 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.3For the purpose of sub-paragraph (1)(d)(xii) and (xiii), an activity or exercise is “organised” if—ait is organised by—ia person who is responsible for carrying on a business or providing a service,iia person who is responsible for a place of worship,iiia charity or other not for profit organisation,iva club or political organisation, orvthe governing body of a sport or other activity, andbthe 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.81A person must not attend a gathering in a private dwelling located in a Level 0 area, unless the gathering—atakes place indoors and consists of no more than eight persons from no more than three households,aatakes place outdoors and consists of no more than 15 persons from no more than five households,btakes place outdoors and—iwhere at least one person in the gathering has attained 12 years of age but has not attained 18 years of age, consists of no more than eight persons who are all under 18 years of age, oriiall the persons in the gathering are under 12 years of age,cis for the purpose of—iwork or providing voluntary or charitable services,iichildcare, education or training,iiiproviding care or assistance to a vulnerable person,ivproviding emergency or medical assistance,vavoiding injury, illness or escaping a risk of harm,vifacilitating a house move,viifacilitating shared parenting arrangements,viiifulfilling a legal obligation,drelates to a funeral, marriage ceremony or civil partnership registration, oreis taking place in student accommodation, where all the persons in the gathering—iare using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, andiihave the accommodation as their only or main residence.2For the purpose of sub-paragraph (1)(a), 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.3For 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.1982 c.45. Section 45A was inserted by the Air Weapons and Licensing (Scotland) Act 2015 (asp 10), section 76(3).2016 asp 9.1980 c.44. Section 135(1) has been amended but none of those amendments are relevant for this definition.Section 1(5)(a) was amended by the Education (Scotland) Act 1981 (c. 58), section 3(1)(a), by the Standards in Scotland's Schools etc. Act 2000 (asp 6), schedule 3, and by the Children and Young People (Scotland) Act 2014 (asp 8), schedule 5, paragraph 2(2)(c).2020 c.7.Sch. 1 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Sch. 1 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)Word in sch. 1 para. 1(3) omitted (13.11.2020 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 18(1)Closing bracket in Sch. 1 para. 3(1)(a)(i) 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, 18(2)(a)Clsoing bracket in Sch. 1 para. 3(1)(a)(iii) 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, 18(2)(a)Word in sch. 1 para. 7(1)(b) substituted (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, 7Sch. 1 para. 8(3) 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, 8(c)Sch. 1 para. 8(1)(aa) 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, 8(a)Words in sch. 1 para. 8(2) omitted (13.11.2020 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 8(b)(i)Words in sch. 1 para. 8(2) 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, 8(b)(ii)