Regulations made by the Scottish Ministers and laid before the Scottish Parliament under paragraph 6(3) of schedule 19 of the Coronavirus Act 2020 for approval by resolution of the Scottish Parliament within 28 days beginning with the day on which the Regulations were made, not taking into account any period of dissolution or recess for more than 4 days.
2021 No. 117
The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 20201 (“the Act”) and all other powers enabling them to do so.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.
The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by, a resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021 and come into force on 5 March 2021.
Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202 are amended in accordance with regulations 3 to 8.
Amendment to regulation 2: interpretation3
In regulation 2 (interpretation)—
a
in the definition of “end of term household”, in sub-paragraph (b)—
i
omit “has”,
ii
for “have, chosen to live with” substitute “chose to live”,
iii
for “is to be” substitute “was”,
iv
after “terms” insert “and which continues to be the student’s or students’ sole or main residence”,
b
for the definition of “professional sportsperson” substitute—
“professional sportsperson” means an individual who—
- a
either—
- i
derives a living from competing in sport,
- ii
is a senior representative nominated by a relevant sporting body,
- iii
is a member of the senior training squad for a relevant sporting body, or
- iv
is on an elite development pathway, and
- b
trains or competes in a sport for which a resumption of performance sport plan has been approved by sportscotland or the Scottish Ministers,
c
in the appropriate places, insert the following definitions—
“resumption of performance sport plan”, in relation to a professional sportsperson, means a plan relating to the safe resumption of a professional and performance (elite) sport which is prepared by the governing body of that sport for approval by sportscotland or the Scottish Ministers in line with guidance published by sportscotland,
“sportscotland” means the Scottish Sports Council,
Amendment to regulation 3B: temporary modification of restrictions: holiday gatherings4
Omit regulation 3B (temporary modification of restrictions: holiday gatherings).
Amendment to regulation 9: expiry5
In regulation 9(1) (expiry), for “31 March 2021” substitute “30 September 2021”.
Amendment to schedule 4: level 3 restrictions6
In paragraph 15(2) of schedule 4 (restrictions on entering level 3 area: examples of reasonable excuse), omit head (ab).
Amendment to schedule 5: level 4 restrictions7
1
Schedule 5 (level 4 restrictions) is amended in accordance with paragraphs (2) to (5).
2
In paragraph 1 (requirement to close certain premises in a level 4 area to members of the public)—
a
in sub-paragraph (2), omit head (v),
b
in sub-paragraph (3)—
i
in head (a)(i), (ii) and (iii) omit “or sporting event”,
ii
after head (a) insert—
aa
premises, except premises of a listed business in sub-paragraph (2)(u), while those premises remain closed to members of the public, to—
i
record a sporting event other than a professional sporting event,
ii
broadcast a sporting event other than a professional sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or
iii
train, practise or otherwise prepare for a sporting event other than a professional sporting event,
iii
in head (f) at the end insert—
, including the use of premises of a listed business in sub-paragraph (2)(u), to—
i
record a professional sporting event,
ii
broadcast a professional sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or
iii
train, practise or otherwise prepare for a professional sporting event,
iv
omit head (h),
c
in sub-paragraph (7), omit the definition of “child contact centres”.
3
In paragraph 2(3) (requirement to close retail and library premises in a level 4 area to members of the public), after head (v) insert—
w
public libraries providing free computer and internet access by appointment, but only in so far as necessary to provide access to that service
4
In paragraph 16(2) (restrictions on entering level 4 area: examples of reasonable excuse), omit head (z).
5
In paragraph 18(2) (requirement to stay at home: examples of reasonable excuse), omit head (z).
Amendment to schedule 7A: restrictions on leaving or entering Scotland: common travel area8
In paragraph 3(2) of schedule 7A (entering or leaving Scotland: examples of reasonable excuse), omit head (ab).
Amendment of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 20209
In regulation 15(1) (expiry and review) of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 20203, for “31 March 2021” substitute “30 September 2021”.
(This note is not part of the Regulations)