Textual Amendments
F1Sch. 1 Pt. 4 inserted (17.5.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 23) Regulations 2021 (S.S.I. 2021/209), regs. 1(2), 6(4)
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.
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).
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.
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.
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.
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) [F2The Scottish Ministers may direct that 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.
Textual Amendments
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.]