2021 No. 252
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 29) Regulations 2021
Approved by the Scottish Parliament
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
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 resolution of, the Scottish Parliament.
Citation and commencement1
1
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 29) Regulations 2021.
2
With the exception of the regulations mentioned in paragraph (3), these Regulations come into force on 28 June 2021.
3
Regulation 4(2) and (3) and regulation 5(2), (3) and (4)(b) and (c) come into force on 26 June 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 of schedule 1 (level 0 restrictions)3
In paragraph 3(2) of schedule 1 (requirement to take measures to minimise risk of exposure to coronavirus in a level 0 area)3—
a
omit “or” following head (c),
b
after head (d), insert—
e
where a funeral is taking place, one or more persons who, as part of the funeral or the preparations for a funeral, are—
i
carrying or setting down a coffin, or
ii
lowering, or assisting in the lowering of, a coffin into a lair.
Amendment of schedule 2 (level 1 restrictions)4
1
Schedule 2 (level 1 restrictions) is amended in accordance with this regulation.
2
After paragraph 3(1) (restricted opening hours for food and drink businesses in a level 1 area)4, insert—
1A
Sub-paragraph (1B) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 20205) is being shown live in any part of the premises of a food and drink business in a Level 1 area and the match has not concluded by 2300 hours.
1B
Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.
3
In paragraph 3A (restricted opening hours for casinos in a level 1 area)6—
a
the existing text becomes sub-paragraph (1),
b
after that sub-paragraph insert—
2
Sub-paragraph (3) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a casino business in a Level 1 area and the match has not concluded by 2300 hours.
3
Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.
4
In paragraph 4(2) (requirement to take measures to minimise risk of exposure to coronavirus in a level 1 area)7—
a
omit “or” following head (c),
b
after head (d), insert—
e
where a funeral is taking place, one or more persons who, as part of the funeral or the preparations for a funeral, are—
i
carrying or setting down a coffin, or
ii
lowering, or assisting in the lowering of, a coffin into a lair.
Amendment of schedule 3 (level 2 restrictions)5
1
Schedule 3 (level 2 restrictions) is amended in accordance with this regulation.
2
After paragraph 5(1) (restricted opening hours for food and drink businesses in a level 2 area)8, insert—
1A
Sub-paragraph (1B) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a food and drink business in a Level 2 area and the match has not concluded by 2230 hours.
1B
Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.
3
In paragraph 5A (restricted opening hours for casinos in a level 2 area)9—
a
the existing text becomes sub-paragraph (1),
b
after that sub-paragraph insert—
2
Sub-paragraph (3) applies where a match forming part of the Championship (within the meaning of section 1(1) of the UEFA European Championship (Scotland) Act 2020) is being shown live in any part of the premises of a casino business in a Level 2 area and the match has not concluded by 2230 hours.
3
Where this sub-paragraph applies, sub-paragraph (1) applies as if the duties mentioned in that sub-paragraph were instead imposed on the person responsible for carrying on the business during the period from 2330 hours on the day in question or as soon as is reasonably practicable following the conclusion of the match (whichever is the earlier) until 0600 hours the following day.
4
In paragraph 8 (requirement to take measures to minimise risk of exposure to coronavirus in a level 2 area)10—
a
in sub-paragraph (2)—
i
omit “or” following head (c),
ii
after head (d), insert—
e
where a funeral is taking place, one or more persons who, as part of the funeral or the preparations for a funeral, are—
i
carrying or setting down a coffin, or
ii
lowering, or assisting in the lowering of, a coffin into a lair.
b
in sub-paragraph (3), in the definition of “required distance”, after paragraph (a) insert—
aa
in relation to Murrayfield, at least 1.15 metres,
c
in sub-paragraph (5), before head (a) insert—
za
“Murrayfield” means Murrayfield Stadium, Edinburgh, for the purposes of the 1888 Cup rugby event on 26 June 2021,
Amendment of schedule 4 (level 3 restrictions)6
In paragraph 7(2) of schedule 4 (requirement to take measures to minimise risk of exposure to coronavirus in a level 3 area)11—
a
omit “or” following head (c),
b
after head (d), insert—
e
where a funeral is taking place, one or more persons who, as part of the funeral or the preparations for a funeral, are—
i
carrying or setting down a coffin, or
ii
lowering, or assisting in the lowering of, a coffin into a lair.
Amendment of schedule 5 (level 4 restrictions)7
In paragraph 8(2) of schedule 5 (requirement to take measures to minimise risk of exposure to coronavirus in a level 4 area)12—
a
the word “or” following head (c) is omitted,
b
after head (d), insert—
e
where a funeral is taking place, one or more persons who, as part of the funeral or the preparations for a funeral, are—
i
carrying or setting down a coffin, or
ii
lowering, or assisting in the lowering of, a coffin into a lair.
Amendment of schedule 7 (face covering requirements)8
In paragraph 2 of schedule 7 (requirement to wear face coverings in certain indoor places)13, after head (h), insert—
hza
at a marriage ceremony or civil partnership registration and is a person who is accompanying, in the circumstances described in sub-paragraph (h)(iii), one or both of the parties to be married or entering into a civil partnership,
(This note is not part of the Regulations)