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

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

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,

[F1 (aa) a child under 12 years of age and any other person,]

(b) a carer and the person assisted by that carer, F2 ...

(c) in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F3 , or]

[F4 (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 M1 ,

(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 M2 ,

“required distance” means—

(a)

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

(b)

[F5 in 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 M3 .

(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.

[F6 (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

F1 Sch. 3 para. 8(2)(aa) 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), 8(4)

F2 Word in sch. 3 para. 8(2)(b) omitted (5.6.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021 (S.S.I. 2021/227), regs. 1(2), 6(a)

F3 Word in sch. 3 para. 8(2)(c) inserted (5.6.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021 (S.S.I. 2021/227), regs. 1(2), 6(b)

F4 Sch. 3 para. 8(2)(d) inserted (5.6.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021 (S.S.I. 2021/227), regs. 1(2), 6(c)

F5 Words in sch. 3 para. 8(3) substituted (11.6.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 27) Regulations 2021 (S.S.I. 2021/238), regs. 1, 6(a)

F6 Sch. 3 para. 8(5) inserted (11.6.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 27) Regulations 2021 (S.S.I. 2021/238), regs. 1, 6(b)

Commencement Information

I1 Sch. 3 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M1 2016 asp 9.

M2 1980 c.44.

M3 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).