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

Regulation 3(1)

SCHEDULE 1 S Level 0 Restrictions

PART 1 S Closure of Premises

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

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, F1 ...

(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 professional sport.

(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 M1 .

Textual Amendments

F1 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)

Commencement Information

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

Marginal Citations

M1 1982 c.45. Section 45A was inserted by the Air Weapons and Licensing (Scotland) Act 2015 (asp 10), section 76(3).

PART 2 S Other restrictions on business

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

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

I2 Sch. 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 area S

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)[F2 )],

(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)[F3 )], 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,

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

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

(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 M2 ,

(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 M3 ,

“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 M4 .

(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.

Textual Amendments

F2 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)

F3 Closing 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)

Commencement Information

I3 Sch. 1 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M2 2016 asp 9.

M3 1980 c.44. Section 135(1) has been amended but none of those amendments are relevant for this definition.

M4 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).

Guidance on minimising exposure to coronavirus in a Level 0 area S

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

I4 Sch. 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.

(2) Sub-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.

(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 M5 ,

“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.

Commencement Information

I5 Sch. 1 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M5 2020 c.7.

PART 3 S Restrictions on gatherings

Restrictions on public gatherings indoors in a Level 0 area S

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 eight persons from no more than three 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.

Commencement Information

I6 Sch. 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 area S

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 five households,

(b) consists of no more than [F4 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,

(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,

(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 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

F4 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, 7

Commencement Information

I7 Sch. 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 area S

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 three households,

[F5 (aa) takes place outdoors and consists of no more than 15 persons from no more than five households,]

(b) takes place outdoors and—

(i) where 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, 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,

(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) [F6 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 F7 ... attending a gathering [F8 but are to be included when counting the number of households attending a gathering].

[F9 (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

F5 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)

F6 Word in sch. 1 para. 8(1)(d) substituted (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, 4

F7 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)

F8 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)

F9 Sch. 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)

Commencement Information

I8 Sch. 1 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Regulation 3(2)

SCHEDULE 2 S Level 1 Restrictions

PART 1 S Closure of Premises

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

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 professional sport.

(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 M6 .

Commencement Information

I9 Sch. 2 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M6 1982 c.45. Section 45A was inserted by the Air Weapons and Licensing (Scotland) Act 2015 (asp 10), section 76(3).

PART 2 S Other restrictions on business

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

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

I10 Sch. 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 area S

3.—(1) A person who is responsible for carrying on a food and drink business in a Level 1 area must—

(a) between the hours of 2130 and 0600, cease to admit any additional customers to the premises,

(b) between the hours of 2230 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.

(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.

Commencement Information

I11 Sch. 2 para. 3 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 1 area S

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)[F10 )],

(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)[F11 )], 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,

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

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

(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 M7 ,

(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 M8 ,

“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 M9 .

(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.

Textual Amendments

F10 Closing bracket in sch. 2 para. 4(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)(b)

F11 Closing bracket in sch. 2 para. 4(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)(b)

Commencement Information

I12 Sch. 2 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M7 2016 asp 9.

M8 1980 c,44. Section 135(1) has been amended but none of those amendments are relevant for this definition.

M9 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).

Guidance on minimising exposure to coronavirus in a Level 1 area S

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

I13 Sch. 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.

(2) Sub-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.

(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 M10 ,

“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.

Commencement Information

I14 Sch. 2 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M10 2020 c.7.

PART 3 S Restrictions on gatherings

Restriction on public gatherings indoors in a Level 1 area S

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 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,

(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.

Commencement Information

I15 Sch. 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 area S

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 F12 ... of no more than eight persons from no more than three households,

[F13 (b) consists 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,]

(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,

(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 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

F12 Words in sch. 2 para. 8(1)(a) omitted (20.11.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 8(a)

F13 Sch. 2 para. 8(1)(b) substituted (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, 8(b)

Commencement Information

I16 Sch. 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 area S

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

(a) takes place outdoors and consists of no more than [F14 eight] persons from no more than [F15 three] households,

(b) takes place outdoors and—

(i) where 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 [F16 eight] persons who are all under 18 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,

(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) [F17 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

F14 Word in sch. 2 para. 9(1)(a) substituted (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, 9(a)(i)

F15 Word in sch. 2 para. 9(1)(a) substituted (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, 9(a)(ii)

F16 Word in sch. 2 para. 9(1)(b)(i) substituted (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, 9(b)

F17 Word in sch. 2 para. 9(1)(d) substituted (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, 5

Commencement Information

I17 Sch. 2 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Regulation 3(3)

SCHEDULE 3 S Level 2 Restrictions

PART 1 S Closure of Premises

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

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,

(b) a concert hall,

(c) 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,

(d) a sexual entertainment venue,

(e) an indoor or outdoor theatre,

(f) a comedy club,

(g) a soft play centre,

(h) a sports stadium,

(i) a conference or exhibition centre,

(j) a snooker or pool hall,

(k) a bowling alley,

(l) a casino,

(m) a funfair F18 ....

(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)(b), (e), or (h) for education or training purposes,

(c) premises of a listed business in sub-paragraph (2)(h) for providing voluntary or charitable services,

(d) premises of a listed business in sub-paragraph (2)(a), (b), (c), (e), (f), (h) or (i) 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 professional sport.

(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 M11 .

Textual Amendments

F18 Words in sch. 3 para. 1(2)(m) omitted (2.11.2020 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/347), regs. 1, 2

Commencement Information

I18 Sch. 3 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M11 1982 c.45. Section 45A was inserted by the Air Weapons and Licensing (Scotland) Act 2015 (asp 10), section 76(3).

Requirement to cease mobile close contact services in a Level 2 area S

2.—(1) A person who provides a close contact service must not provide that service in a Level 2 area as a mobile close contact service.

(2) For the purposes of this paragraph—

(a) a “close contact service” means:

(i) beauty and nail services (including make-up services),

(ii) hair removal services,

(iii) tattoo, piercing and body modification services,

(iv) fashion design, dress-fitting and tailoring services,

(v) indoor portrait photography and art services,

(vi) massage therapies,

(vii) complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(viii) spa and wellness services,

(ix) 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

I19 Sch. 3 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F19 Requirement to cease mobile close contact services in respect of Level 2 areas S

2A.— (1) A person who is living in a Level 2 area who provides a mobile close contact service must not provide that service in any other local authority area.

(2) In this paragraph, “mobile close contact service” has the meaning given in paragraph 2(2).]

Textual Amendments

F19 Sch. 3 para. 2A 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, 13

PART 2 S Other restrictions on business

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

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 the closure of drinks-only public house businesses in paragraph 4, the restriction on opening hours in paragraph 5 and the restrictions on sale and consumption of alcohol in paragraph 6.

Commencement Information

I20 Sch. 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 area S

4.—(1) A person who is responsible for carrying on a drinks-only public house business 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 paragraph.

(2) Sub-paragraph (1) does not prevent food or drink being sold for consumption off the premises.

(3) For the purposes of this paragraph, a “drinks-only public house business” means any public house which does not have available on its premises facilities to allow the preparation and service of a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal.

(4) For the purposes of sub-paragraph (1), an area adjacent to the premises of the drinks-only public house 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.

(5) If a drinks-only public house 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

I21 Sch. 3 para. 4 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 2 area S

5.—(1) Subject to paragraph 7, a person who is responsible for carrying on a food and drink business in a Level 2 area (other than one to which paragraph 4 applies) must, in relation to any premises, or parts of the premises, which are indoors—

(a) between the hours of 1900 and 0600, cease to admit any additional customers to the premises,

(b) between the hours of 2000 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.

(2) Subject to paragraph 7, a person who is responsible for carrying on a food and drink business in a Level 2 area (other than one to which paragraph 4 applies) must, in relation to any premises, or parts of the premises, which are outdoors—

(a) between the hours of 2130 and 0600, cease to admit any additional customers to the premises,

(b) between the hours of 2230 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.

(3) Sub-paragraphs (1) and (2) do 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) 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.

(4) Sub-paragraph (3)(c) does not apply in relation to the sale of alcohol by a hotel or other accommodation to its residents between 2000 and 0600.

(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.

Commencement Information

I22 Sch. 3 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

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

6.—(1) Subject to paragraph 7, a person who is responsible for carrying on a food and drink business in a Level 2 area (other than one to which paragraph 4 applies) must—

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

(b) not permit consumption of alcohol on any part of its premises indoors.

(2) Sub-paragraph (1) does not apply if alcohol is served for consumption on the premises indoors ancillary to the taking of a table meal, and the meal—

(a) has been prepared on the premises, and

(b) is such as might be expected to be served as the main midday or main evening meal (irrespective of the actual time of service), or as a main course at either such meal.

(3) For the purposes of this paragraph, a table meal means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purposes of a table.

(4) Sub-paragraph (1) does not apply if—

(a) the sale of alcohol is by a hotel or other accommodation as part of room service, or

(b) consumption of alcohol is by a resident of a hotel in their private room.

Commencement Information

I23 Sch. 3 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Special opening hours for certain services S

7.—(1) Where sub-paragraph (3) applies, the requirements in paragraph 5 (restricted opening hours for food and drink businesses in a Level 2 area) apply with the following modifications:—

(a) sub-paragraph (1)(a) is omitted,

(b) in sub-paragraph (1)(b), for “2000” substitute “ 2200 ”,

(c) sub-paragraph (2)(a) is omitted,

(d) sub-paragraphs (3) and (4) are omitted.

(2) Where sub-paragraph (3) applies, the requirements in paragraph 6 (restrictions on sale and consumption of alcohol in food and drink businesses in a Level 2 area) do not apply.

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

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

(b) a funeral.

Commencement Information

I24 Sch. 3 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 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,

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

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

(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 M12 ,

(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 M13 ,

“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 M14 .

(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.

Commencement Information

I25 Sch. 3 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M12 2016 asp 9.

M13 1980 c.44.

M14 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).

Guidance on minimising exposure to coronavirus in a Level 2 area S

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

I26 Sch. 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.

(2) Sub-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.

(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 M15 ,

“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.

Commencement Information

I27 Sch. 3 para. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M15 2020 c.7.

PART 3 S Restrictions on gatherings

Restriction on public gatherings indoors in a Level 2 area S

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 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 years of age,

(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.

Commencement Information

I28 Sch. 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 area S

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 six persons from no more than two households,

(b) consists of no more than six 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 which is not a public procession,

(xiii) organised exercise,

(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 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.

Commencement Information

I29 Sch. 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 area S

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

(a) takes place outdoors and consists of no more than six persons from no more than two households,

(b) takes place outdoors and—

(i) where 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 six persons who are all under 18 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,

(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.

Commencement Information

I30 Sch. 3 para. 13 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Regulation 3(4)

SCHEDULE 4 S Level 3 Restrictions

PART 1 S Closure of Premises

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

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,

(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 professional sport.

[F20 (g) any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

(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.

(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 M16 .

Textual Amendments

F20 Sch. 4 para. 1(3)(g) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 7(a)

Commencement Information

I31 Sch. 4 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M16 1982 c.45. Section 45A was inserted by the Air Weapons and Licensing (Scotland) Act 2015 (asp 10), section 76(3).

Requirement to cease mobile close contact services in a Level 3 area S

2.—(1) A person who provides a close contact service must not provide that service in a Level 3 area as a mobile close contact service.

(2) For the purposes of this paragraph—

(a) a “close contact service” means:

(i) beauty and nail services (including make-up services),

(ii) hair removal services,

(iii) tattoo, piercing and body modification services,

(iv) fashion design, dress-fitting and tailoring services,

(v) indoor portrait photography and art services,

(vi) massage therapies,

(vii) complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(viii) spa and wellness services,

(ix) 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

I32 Sch. 4 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F21 Requirement to cease mobile close contact services in respect of Level 3 areas S

2A.— (1) A person who is living in a Level 3 area who provides a mobile close contact service must not provide that service in any other local authority area.

(2) In this paragraph, “mobile close contact service” has the meaning given in paragraph 2(2).]

Textual Amendments

F21 Sch. 4 para. 2A 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, 14

PART 2 S Other restrictions on business

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

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 paragraphs 4 and 5.

Commencement Information

I33 Sch. 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 area S

4.—(1) A person who is responsible for carrying on a drinks-only public house business 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 paragraph.

(2) Sub-paragraph (1) does not prevent food or drink being sold for consumption off the premises.

(3) For the purposes of this paragraph, a “drinks-only public house business” means any public house which does not have available on its premises facilities to allow the preparation and service of a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal.

(4) For the purposes of sub-paragraph (1), an area adjacent to the premises of the drinks-only public house 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.

(5) If a drinks-only public house 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

I34 Sch. 4 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Restrictions on food and drink businesses in a Level 3 area S

5.—(1) Subject to paragraph 6, a person who is responsible for carrying on a food and drink business in a Level 3 area (other than one to which paragraph 4 applies) must—

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

(b) not permit consumption of alcohol on any part of its premises,

(c) between the hours of 1700 and 0600, cease to admit any additional customers to the premises,

(d) between the hours of 1800 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.

(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.

F22 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph [F23 (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.

[F24 (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.]

Textual Amendments

F22 Sch. 4 para. 5(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, 10(a)

F23 Words in sch. 4 para. 5(4) 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, 10(b)

F24 Sch. 4 para. 5(8) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 7(b)

Commencement Information

I35 Sch. 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 services S

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 (c) is omitted,

(b) in sub-paragraph (1)(d), for “1800” substitute “ 2200 ”,

[F25 (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

F25 Sch. 4 para. 6(1)(c) 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, 11

Commencement Information

I36 Sch. 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 area S

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)[F26 )],

(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)[F27 )], 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,

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

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

(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 M17 ,

(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 M18 ,

“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 M19 .

(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, [F28 excluding] workplace canteens,

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

(e) public houses.

Textual Amendments

F26 Closing bracket in sch. 4 para. 7(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)(c)

F27 Closing bracket in sch. 4 para. 7(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)(c)

F28 Word in sch. 4 para. 7(4)(c) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 3

Commencement Information

I37 Sch. 4 para. 7 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M17 2016 asp 9.

M18 1980 c.44.

M19 Section 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 S

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

I38 Sch. 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.

(2) Sub-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.

(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 M20 ,

“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.

Commencement Information

I39 Sch. 4 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M20 2020 c.7.

[F29 Residential tenancies (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,

“a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) of the 2007 Act, in the case of a decree or order for removing from heritable property of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act, and

“a decree for removing from heritable property” means a decree or order of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act.]

Textual Amendments

F29 Sch. 4 para. 9A inserted (22.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(3), 5

PART 3 S Restrictions on gatherings

Restriction on public gatherings indoors in F30 ... Level 3 area S

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

F30 Word in sch. 4 para. 10 heading 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(3)

Commencement Information

I40 Sch. 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 area S

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 two households,

(b) consists of no more than six 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 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,

(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.

Commencement Information

I41 Sch. 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 area S

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 two households,

(b) takes place outdoors and—

(i) where 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 six persons who are all under 18 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,

(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.

Commencement Information

I42 Sch. 4 para. 12 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F31 PART 4 S Restrictions on movement

Textual Amendments

F31 Sch. 4 Pt. 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(3)

Restrictions on leaving Level 3 area S

13.— (1) A person who lives in a Level 3 area must not leave or remain away from that area.

(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.

Restrictions on entering Level 3 area S

14.— (1) A person who does not live in a Level 3 area must not enter or remain in that area.

(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.

Examples of reasonable excuse S

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,

(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,

(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,

[F32 (ab) facilitate the formation of an end of term household, where either or both of the student or the other household which will make up the end of term household live outwith the same area or, as the case may be, in a Level 3 area.]

(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) 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.]

Textual Amendments

F32 Sch. 4 para. 15(2)(ab) inserted (27.11.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 5) Regulations 2020 (S.S.I. 2020/400), regs. 1, 4

Regulation 3(5)

SCHEDULE 5 S Level 4 Restrictions

PART 1 S Closure of Premises

Requirement to close certain premises in a Level 4 area to members of the public S

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,

[F33 (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,

[F34 (sa) a driving instructor or examiner,]

[F35 (sb) a tanning salon or premises which operates a self-tanning machine or a spray-tan booth,

(sc) a travel agency,

(sd) a premises [F36 or an area within a premises] laid out as a showroom to demonstrate products for installation in residential property, such as kitchen, bathroom, furniture or glazing showrooms,]

[F37 (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,

[F38 (ta) a snow sports centre,]

(u) an indoor fitness studio, gym, swimming pool or other indoor leisure centre or facility.

[F39 (v) child contact centres]

(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 (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,

[F40 (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 professional sport.

[F41 (g) any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board,

(h) premises of a listed business in sub-paragraph (2)(v),—

(i) where—

(aa) the child contact centre is provided by a local authority, and

(bb) the contact is facilitated by a local authority,

(ii) for the purposes of—

(aa) a handover of a child to a person with whom the child is not, or will not be, living, or

(bb) for the return of a child from a handover to a person with whom the child is or will be living.]

(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 M21 ,

(b) “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, 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,

[F42 (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.]

[F43 (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)

[F44 “child contact centres” means any place that is used for the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person)].]

Textual Amendments

F33 Sch. 5 para. 1(2)(ha) 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, 6(a)

F34 Sch. 5 para. 1(2)(sa) 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, 15(a)

F35 Sch. 5 para. 1(2)(sb)-(sd) inserted (26.12.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 9) Regulations 2020 (S.S.I. 2020/471), regs. 1, 5

F36 Words in sch. 5 para. 1(2)(sd) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(a)(i)(aa)

F37 Sch. 5 para. 1(2)(se)-(sg) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(a)(i)(bb)

F38 Sch. 5 para. 1(2)(ta) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(a)(i)(cc)

F39 Sch. 5 para. 1(2)(v) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(a)

F40 Sch. 5 para. 1(3)(da) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(a)(ii)

F41 Sch. 5 para. 1(3)(g)(h) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(b)

F42 Sch. 5 para. 1(6)(c) 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, 6(b)

F43 Sch. 5 para. 1(7) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(a)(iii)

F44 Words in sch. 5 para. 1(7) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(c)

Modifications etc. (not altering text)

C1 Sch. 5 para. 1(1) modified (temp.) (11.12.2020 from 0600 hours until 1759 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/427), regs. 1(3), 8(a)

Commencement Information

I43 Sch. 5 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M21 1982 c.45. Section 45A was inserted by the Air Weapons and Licensing (Scotland) Act 2015 (asp 10), section 76(3).

[F45 Requirement to close places of worship in a level 4 area to members of the public S

1A.— (1) A person who is responsible for a place of worship must close that place of worship, except for a use permitted in paragraph (2).

(2) A place of worship may be used—

(a) for a funeral,

(b) for a commemorative event for a person who has died but is not a wake or a funeral tea,

(c) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast,

(d) for a marriage ceremony or civil partnership registration which—

(i) consists of no more than 5 persons, or

(ii) where an interpreter is required to attend, consists of no more than 6 persons, or

(e) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions, F46 ... or support in an emergency),

provided that, in each case, the premises are used in accordance with the requirements of paragraph 8.

[F47 (2A) A place of worship may be used if it is a suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

(3) 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.]

Textual Amendments

F45 Sch. 5 para. 1A inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(b)

F46 Words in sch. 5 para. 1A(2)(e) omitted (16.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(d)(i)

F47 Sch. 5 para. 1A(2A) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(d)(ii)

Requirement to close retail and library premises in a Level 4 area to members of the public S

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 [F48 a 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,

[F49 (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) F50 ... outdoor markets, F51 ....

[F52 (ua) subject to sub-paragraph (5), outdoor motor vehicle lots,]

[F53 (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.]

[F54 (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.]

[F55 (5) An outdoor motor vehicle lot may open only to the extent necessary to enable—

(a) collection of a vehicle that has been purchased, or

(b) delivery or collection of a vehicle for the purposes of a repair, MOT or service.

(6) In this paragraph “permitted collection service” means a service that is provided—

(a) by any of the following—

(i) baby equipment shops,

(ii) book shops,

(iii) clothing shops,

(iv) electrical goods shops, including repair shops,

(v) footwear shops,

(vi) garden centres and plant nurseries,

(vii) homeware shops,

(viii) key cutting shops,

(ix) libraries, and

(x) shoe repair shops,

(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

F48 Words in sch. 5 para. 2(1)(a) substituted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 9(a)

F49 Sch. 5 para. 2(3)(e) substituted (26.12.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 9) Regulations 2020 (S.S.I. 2020/471), regs. 1, 6(a)

F50 Words in sch. 5 para. 2(3)(u) omitted (26.12.2020) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 9) Regulations 2020 (S.S.I. 2020/471), regs. 1, 6(b)

F51 Words in sch. 5 para. 2(3)(u) omitted (16.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 9(b)

F52 Sch. 5 para. 2(3)(ua) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 9(c)

F53 Sch. 5 para. 2(3)(v) 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, 7

F54 Sch. 5 para. 2(4) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(e)

F55 Sch. 5 para. 2(5)(6) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 9(d)

Modifications etc. (not altering text)

C2 Sch. 5 para. 2 modified (temp.) (11.12.2020 from 0600 hours until 1759 hours) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 7) Regulations 2020 (S.S.I. 2020/427), regs. 1(3), 8(b)

Commencement Information

I44 Sch. 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 area S

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, [F56 a marriage ceremony or civil partnership registration,]

[F57 (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 [F58 , a local authority or a health board.]

Textual Amendments

F56 Words in sch. 5 para. 3(2)(a)(v) 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, 4(a)

F57 Sch. 5 para. 3(2)(a)(vi) added (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, 4(b)

F58 Words in sch. 5 para. 3(2)(d) substituted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(f)

Commencement Information

I45 Sch. 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 area S

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

I46 Sch. 5 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F59 Requirement to cease driving lessons and tests in a Level 4 area S

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

F59 Sch. 5 para. 4A 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, 15(b)

[F60 Requirement to cease mobile close contact services or vehicle driving lessons or tests in respect of Level 4 areas S

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

F60 Sch. 5 para. 4B 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, 16

PART 2 S Other restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 4 area S

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

I47 Sch. 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 area S

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, [F61 provided 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.

[F62 (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.]

Textual Amendments

F61 Sch. 5 para. 6(2)(a)(i)(ii) and words inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 10

F62 Sch. 5 para. 6(7) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(g)

Commencement Information

I48 Sch. 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 services S

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

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

Textual Amendments

F63 Sch. 5 para. 7(2)(b) omitted (8.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(c)

Commencement Information

I49 Sch. 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 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 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)[F64 )],

(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)[F65 )], 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,

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

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

(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 M22 ,

(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 M23 ,

“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 M24 .

(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, [F66 excluding] workplace canteens,

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

(e) public houses.

Textual Amendments

F64 Closing bracket in sch. 5 para. 8(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)(d)

F65 Closing bracket in sch. 5 para. 8(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)(d)

F66 Word in sch. 5 para. 8(4)(c) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(d)

Commencement Information

I50 Sch. 5 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M22 2016 asp 9.

M23 1980 c.44.

M24 Section 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 area S

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

I51 Sch. 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 area S

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.

(2) Sub-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.

(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 M25 ,

“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.

Commencement Information

I52 Sch. 5 para. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M25 2020 c.7.

[F67 Residential tenancies (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,

“a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) of the 2007 Act, in the case of a decree or order for removing from heritable property of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act, and

“a decree for removing from heritable property” means a decree or order of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act.]

Textual Amendments

F67 Sch. 5 para. 10A inserted (22.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(3), 6

PART 3 S Restrictions on gatherings

F68 Restriction on public gatherings indoors in ... Level 4 area S

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 [F69 two] 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,

F70 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F71 is] a funeral, F72 ...

[F73 (ca) is a marriage ceremony or civil partnership registration and—

(i) consists of no more than 5 persons, or

(ii) where an interpreter is required to attend, consists of no more than 6 persons,]

[F74 (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

F68 Word in sch. 5 para. 11 heading 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(3)

F69 Word in sch. 5 para. 11(1)(a) substituted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(a)

F70 Sch. 5 para. 11(1)(b)(iii) omitted (8.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(e)(i)

F71 Word in sch. 5 para. 11(1)(c) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(e)(ii)

F72 Words in sch. 5 para. 11(1)(c) omitted (20.11.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 10(a)

F73 Sch. 5 para. 11(1)(ca) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(e)(iii)

F74 Sch. 5 para. 11(1)(cb) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(e)(iv)

Commencement Information

I53 Sch. 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 area S

12.—(1) A person must not participate in a gathering in a public place outdoors located in a Level 4 area, unless the gathering—

[F75 (a) consists of no more than two persons from different households,]

F76 (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,

F77 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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),

F78 (xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79 (xiii) an organised activity which is for persons under [F80 12] years of age, but which is not a public procession,]

(e) [F81 is] a funeral, F82 ...

[F83 (ea) is a marriage ceremony or civil partnership registration and—

(i) consists of no more than 5 persons, or

(ii) where an interpreter is required to attend, consists of no more than 6 persons,]

[F84 (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 [F85 sub-paragraph F86 ... [F87 (1)(d)](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.

Textual Amendments

F75 Sch. 5 para. 12(1)(a) substituted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(b)(i)

F76 Sch. 5 para. 12(1)(b) omitted (5.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(b)(ii)

F77 Sch. 5 para. 12(1)(d)(iii) omitted (8.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(f)(i)

F78 Sch. 5 para. 12(1)(d)(xii) omitted (5.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(b)(iii)

F79 Sch. 5 para. 12(1)(d)(xiii) 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, 9(a)

F80 Word in sch. 5 para. 12(1)(d)(xiii) substituted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(b)(iv)

F81 Word in sch. 5 para. 12(1)(e) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(f)(ii)

F82 Words in sch. 5 para. 12(1)(e) omitted (20.11.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (S.S.I. 2020/389), regs. 1, 11(a)

F83 Sch. 5 para. 12(1)(ea) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(f)(iii)

F84 Sch. 5 para. 12(1)(eb) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(f)(iv)

F85 Words in sch. 5 para. 12(3) 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, 9(b)

F86 Words in sch. 5 para. 12(3) omitted (5.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(b)(v)

F87 Word in sch. 5 para. 12(3) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(f)(v)

Commencement Information

I54 Sch. 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 area S

13.—(1) A person must not attend a gathering in a private dwelling located in a Level 4 area, unless the gathering—

[F88 (a) takes place outdoors and consists of no more than two persons from different households,]

(b) takes place outdoors and—

F89 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F90 , 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, F91 ...

[F92 (da) is a marriage ceremony or civil partnership registration and—

(i) consists of no more than 5 persons, or

(ii) where an interpreter is required to attend, consists of no more than 6 persons, 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

F88 Sch. 5 para. 13(1)(a) substituted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(c)(i)

F89 Sch. 5 para. 13(1)(b)(i) omitted (5.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(c)(ii)

F90 Words in sch. 5 para. 13(1)(c)(i) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 11

F91 Words in sch. 5 para. 13(1)(d) omitted (8.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(g)(i)

F92 Sch. 5 para. 13(1)(da) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(g)(ii)

Commencement Information

I55 Sch. 5 para. 13 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F93 PART 4 S Restrictions on movement

Textual Amendments

F93 Sch. 5 Pt. 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(4)

Restrictions on leaving Level 4 area S

F94 14.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94 Sch. 5 para. 14 omitted (5.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(d)

Restrictions on entering Level 4 area S

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 excuse S

16.— [F95 (1) For the purposes of [F96 paragraph 15], examples of what constitutes a reasonable excuse (see regulation 5(4)) include 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,

(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),

(t) 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,

(u) where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

(v) attend a solemnisation of a marriage or registration of a civil partnership,

(w) attend a gathering which relates to a funeral, 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,

[F97 (z) facilitate the formation of an end of term household, where either or both of the student or the other household which will make up the end of term household live outwith the same area or, as the case may be, in a Level 4 area.]

(3) For the purpose of sub-paragraph (2)(t) 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 activity or exercise, taking into account any relevant guidance issued by the Scottish Ministers.]

Textual Amendments

F95 Sch. 5 para. 16(1) substituted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(e)

F96 Words in sch. 5 para. 16(1) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(h)

F97 Sch. 5 para. 16(2)(z) inserted (27.11.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 5) Regulations 2020 (S.S.I. 2020/400), regs. 1, 5

[F98 Requirement to stay at home in Level 4 areas S

17.— (1) A person who is living in a Level 4 area must not leave [F99 or remain outside of] the place where that person is living.

(2) For the purposes of sub-paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(3) Sub-paragraph (1) does not apply to any person who is homeless.

Textual Amendments

F98 Sch. 5 paras. 17, 18 inserted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(f)

F99 Words in sch. 5 para. 17(1) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(h)

Examples of reasonable excuse S

18.— (1) For the purposes of [F100 paragraph 17], examples of what constitutes a reasonable excuse (see regulation 5(4)) include leaving [F101 or remaining outside of] the place where the person is living, 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,

(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,

(viii) vaccination services,

(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 where it is not possible for the person to do so from the place where the person is living,

(n) vote, or register to vote, in an election (including to vote as proxy),

(o) donate blood,

(p) access public services, including any of the following, where it is not possible for the person to do so from the place where the person is living—

(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), where it is not possible for the person to do so from the place where the person is living,

(t) undertake exercise or recreation—

(i) outdoors,

(ii) that starts and ends at the same place, which place must be—

(aa) in the local government area in which that person lives, or

(bb) within 5 miles of such local government area, and

(iii) is either undertaken—

(aa) alone,

(bb) with members of that person’s household,

(cc) in a gathering within the meaning of paragraph 12(1)(a) [F102 or (c)],

(dd) in a gathering within the meaning of paragraph 12(1)(d)(xiii),

(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) F103 ... (ii),

(u) where the person is a professional sportsperson, or the coach of a professional sportsperson, coach, train or compete,

[F104 (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,]

(w) attend a funeral [F105 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 in the place where that other member is living, and

(z) facilitate the formation of an end of term household, where either or both of the student or the other household which will make up the end of term household live outwith the same area or, as the case may be, in a Level 4 area.]

Textual Amendments

F98 Sch. 5 paras. 17, 18 inserted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 4(f)

F100 Words in sch. 5 para. 18(1) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(i)(i)

F101 Words in sch. 5 para. 18(1) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(i)

F102 Words in sch. 5 para. 18(2)(t)(iii)(cc) substituted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 13(a)

F103 Words in sch. 5 para. 18(2)(t)(iii)(ff) omitted (16.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 13(b)

F104 Sch. 5 para. 18(2)(v) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(i)(ii)

F105 Words in sch. 5 para. 18(2)(w) inserted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 4(i)(iii)

[F106 PART 5 S Restriction on consumption of alcohol

Textual Amendments

F106 Sch. 5 Pt. 5 inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 12

Restriction on consumption of alcohol in a public place outdoors in a Level 4 area S

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)

[F107 SCHEDULE 6 S Areas

Textual Amendments

F107 Sch. 6 substituted (26.12.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 8) Regulations 2020 (S.S.I. 2020/452), regs. 1(3), 5

1.— (1) This is the table referred to in regulation 3(6). S

(2) The entries in column 2 are references to local government areas except as otherwise specified.

Column (1)	Column (2)	Column (3)
	Area	Level of Area
1	East Ayrshire	4
2	North Ayrshire	4
3	South Ayrshire	4
4	Scottish Borders	4
5	Dumfries and Galloway	4
6	Fife	4
7	Clackmannanshire	4
8	Falkirk	4
9	Stirling	4
10	Moray	4
11	Aberdeen City	4
12	Aberdeenshire	4
13	East Renfrewshire	4
14	Inverclyde	4
15	Renfrewshire	4
16	West Dunbartonshire	4
17	East Dunbartonshire	4
18	Glasgow City	4
19	Highland (except the areas set out in row 20)	4
20	The islands in Highland area (except the Isle of Skye)	3
21	Argyll and Bute (except the areas set out in row 22)	4
22	The 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 Ulva	3
23	South Lanarkshire	4
24	North Lanarkshire	4
25	East Lothian	4
26	Midlothian	4
27	City of Edinburgh	4
28	West Lothian	4
29	Orkney Islands	3
30	Shetland Islands	3
31	Angus	4
32	Dundee City	4
33	Perth and Kinross	4
34	Na h-Eileanan Siar [F108 (except the area set out in row 35)]	3
[F109 35	The Isle of Barra and the Isle of Vatersay	4]]

Textual Amendments

F108 Words in sch. 6 inserted (20.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 13) Regulations 2021 (S.S.I. 2021/25), regs. 1, 3(a)

F109 Words in sch. 6 inserted (20.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 13) Regulations 2021 (S.S.I. 2021/25), regs. 1, 3(b)

Regulation 3

SCHEDULE 7 S Face Covering Requirements

Requirement to wear face coverings on public transport S

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 M26 ), 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

I56 Sch. 7 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M26 2010 c.15.

Requirement to wear face coverings in certain indoor places S

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, or

(ii) a distance of at least two metres is maintained between the parties and any other person,

[F110 (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,

(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

F110 Sch. 7 para. 2(ha) 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, 17(a)

Commencement Information

I57 Sch. 7 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Places where face coverings must be worn S

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 M27 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 [F111 , 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 M28 , F112 ...

(u) storage and distribution facilities, including collection and drop off points.

[F113 (v) indoor theatres,

(w) comedy clubs,

(x) concert halls,

(y) soft play centres,

(z) sports stadiums, and

(aa) conference or exhibition centres]

(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 M29 , 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 M30 is provided.

Textual Amendments

F111 Words in sch. 7 para. 3(1)(d) 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, 17(b)

F112 Word in sch. 7 para. 3(1) 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, 17(c)

F113 Sch. 7 para. 3(1)(v)-(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, 17(d)

Commencement Information

I58 Sch. 7 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

M27 2010 asp 8.

M28 1965 c.49. Section 8(1) was amended by section 51(3)(a) of the Local Government etc. (Scotland) Act 1994 (c.39) and section 37(5) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14).

M29 1988 c.52.

M30 2010 asp 8.

Regulation 3(5B)

[F114 SCHEDULE 7A S Restrictions on leaving or entering Scotland: common travel area

Textual Amendments

F114 Sch. 7A 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(5)

Restrictions on leaving Scotland S

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 Scotland S

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 excuse S

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,

[F115 (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 [F116 is 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,

[F117 (ab) facilitate the formation of an end of term household, where either or both of the student or the other household which will make up the end of term household live outwith the same area or, as the case may be, in Scotland.]

(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

F115 Sch. 7A para. 3(2)(x) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 5(a)

F116 Words in sch. 7A para. 3(2)(y) substituted (8.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021 (S.S.I. 2021/3), regs. 1, 5(b)

F117 Sch. 7A para. 3(2)(ab) inserted (27.11.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 5) Regulations 2020 (S.S.I. 2020/400), regs. 1, 6

Places in respect of which restrictions in this schedule apply S

4.   The places are—

(a) England,

(b) Northern Ireland,

(c) [F118 the Republic of Ireland],

(d) Wales.

[F119 (e) Jersey.]

Textual Amendments

F118 Words in sch. 7A para. 4 substituted (26.12.2020) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 9) Regulations 2020 (S.S.I. 2020/471), regs. 1, 4

F119 Sch. 7A para. 4(e) 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), 7(b)

5.   In this schedule, the “common travel area” has the meaning given in section 1(3) of the Immigration Act 1971.]

Regulation 11

SCHEDULE 8 S Revocations

Commencement Information

I59 Sch. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Regulations revoked	Reference
The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020	S.S.I. 2020/279
The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Amendment Regulations 2020	S.S.I. 2020/300
The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020	S.S.I. 2020/318
The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Amendment Regulations 2020	S.S.I. 2020/325