The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 18) Regulations 2021

Amendment of schedule 5: Level 4 restrictions S

7.—(1) Schedule 5 (level 4 restrictions) is amended in accordance with paragraphs (2) to (6).

(2) Omit paragraph 1A (requirement to close places of worship) M1 .

(3) In paragraph 11(1)(b) (restriction on public gatherings indoors), after sub-head (ii) insert—

“(iii) subject to head (ca), attending a place of worship,”.

(4) In paragraph 12 (restriction on public gatherings outdoors)—

(a) in sub-paragraph (1)(d)—

(i) after sub-head (ii) insert—

“(iii) subject to head (ea), attending a place of worship,”,

(ii) after sub-head (xiii) insert—

“(xiv) an organised picket,”,

(b) after sub-paragraph (3) insert—

“(4) For the purpose of sub-paragraph (1)(d)(xiv), a picket is “organised” if—

(a) it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b) the organiser of the picket has taken such measures described in paragraph 8(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.”.

(5) M2 In paragraph 16 (examples of reasonable excuse) —

(a) in sub-paragraph (2)—

(i) in head (d), after “act of worship” insert “ or attend the person's usual place of worship ”,

(ii) after head (za) insert—

“(zb) attend an organised picket.”,

(b) in sub-paragraph (3)—

(i) for “sub-paragraph (2)(t) exercise” substitute “ sub-paragraph (2)(sa) M3 , activity, sport or exercise ”,

(ii) in head (b), for “activity or exercise” substitute “ activity, sport or exercise ”,

(c) after sub-paragraph (3) insert—

“(4) For the purpose of sub-paragraph (2)(zb), a picket is “organised” if—

(a) it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b) the organiser of the picket has taken such measures described in paragraph 8(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.”.

(6) M4 In paragraph 18 (examples of reasonable excuse) —

(a) in sub-paragraph (2)—

(i) in head (d), after “an act of worship” insert “ or attend a place of worship ”,

(ii) after head (zc) insert—

“(zd) attend an organised picket.”,

(b) after sub-paragraph (2) insert—

“(3) For the purpose of sub-paragraph (2)(zd), a picket is “organised” if—

(a) it is carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b) the organiser of the picket has taken such measures described in paragraph 8(1)(a) and (b) as are relevant taking into account any relevant guidance issued by the Scottish Ministers.”.

Commencement Information

I1 Reg. 7(2)(3)(4)(a)(i)(5)(a)(i)(6)(a)(i) in force at 25.3.2021 and reg. 7 otherwise in force at 26.3.2021, see reg. 1(2)(4) (as amended by S.S.I. 2021/168, regs. 1(2), 2)

Marginal Citations

M1 Paragraph 1A was inserted by S.S.I. 2021/3 and amended by S.S.I. 2021/17 and S.S.I. 2021/49.

M2 Paragraph 16 was inserted by S.S.I. 2020/389 and amended by S.S.I. 2021/1, S.S.I. 2021/3, S.S.I. 2021/49, S.S.I. 2021/86, S.S.I. 2021/117 and S.S.I. 2021/136.

M3 Paragraph 16(2)(sa) was inserted by S.S.I. 2021/136.

M4 Paragraph 18 was inserted by S.S.I. 2021/1 and amended by S.S.I. 2021/3, S.S.I. 2021/17, S.S.I. 2021/86, S.S.I. 2021/117 and S.S.I. 2021/136.