The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 31) Regulations 2021

Scottish Statutory Instruments

2021 No. 262

Public Health

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 31) Regulations 2021

Approved by the Scottish Parliament

Made

at 11.30 a.m. on 7th July 2021

Laid before the Scottish Parliament

at 2.30 p.m. on 7th July 2021

Coming into force

8th July 2021

The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 2020(1) (“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 commencement

1.  These Regulations may be cited as The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 31) Regulations 2021 and come into force on 8 July 2021.

Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

2.  The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020(2) are amended in accordance with regulations 3 to 6.

Amendment of schedule 1 (Level 0 Restrictions)

3.  In schedule 1 (level 0 restrictions)—

(a) in paragraph 3(3) (requirement to take measures to minimise risk of exposure to coronavirus in a Level 0 area) —

(i) in sub-paragraph (3), in the definition of “required distance”, after head (a) insert—

“(aa) in relation to the premises of the Renaissance Club (except the grandstands or any reduced distance premises) during the period of the abrdn Scottish Open golf event, at least one metre,

(ab) in relation to the grandstands of the Renaissance Club during the period of the abrdn Scottish Open golf event, at least 1.5 metres,”,

(ii) in sub-paragraph (5)—

(aa) omit “and” following head (a), and

(bb) after head (b) insert—

“(c) “the Renaissance Club” means the golf club known as the Renaissance Club, North Berwick,

(d) “the grandstands” means the two grandstands positioned separately at the seventeenth and eighteenth holes on the premises of the Renaissance Club, and

(e) “the period of the abrdn Scottish Open golf event” means the period beginning with 8 July 2021 and ending with 11 July 2021, except in circumstances where the abrdn Scottish Open golf event is delayed such that play cannot be completed on 11 July 2021, in which case it means the period beginning with 8 July 2021 and ending with 12 July 2021”, and

(b) in paragraph 14 (Scottish Ministers’ power to call in applications for exemption from capacity in a Level 0 area), at the start of sub-paragraph (2) for “A” substitute “The Scottish Ministers may direct that a”.

Amendment of schedule 2 (Level 1 Restrictions)

4.  In schedule 2 (level 1 restrictions)—

(a) paragraph 4(4) (requirement to take measures to minimise risk of exposure to coronavirus in a Level 1 area)—

(i) in sub-paragraph (3), in the definition of “required distance”, after head (a) insert—

“(aa) in relation to the premises of the Renaissance Club (except the grandstands or any reduced distance premises) during the period of the abrdn Scottish Open golf event, at least one metre,

(ab) in relation to the grandstands of the Renaissance Club during the period of the abrdn Scottish Open golf event, at least 1.5 metres,”,

(ii) in sub-paragraph (5)—

(aa) omit “and” following head (a), and

(bb) after head (b) insert—

“(c) “the Renaissance Club” means the golf club known as the Renaissance Club, North Berwick,

(d) “the grandstands” means the two grandstands positioned separately at the seventeenth and eighteenth holes on the premises of the Renaissance Club,

(e) “the period of the abrdn Scottish Open golf event” means the period beginning with 8 July 2021 and ending with 11 July 2021, except in circumstances where the abrdn Scottish Open golf event is delayed such that play cannot be completed on 11 July 2021, in which case it means the period beginning with 8 July 2021 and ending with 12 July 2021”, and

(b) in paragraph 15 (Scottish Ministers’ power to call in applications for exemption from capacity in a Level 1 area), at the start of sub-paragraph (2) for “A” substitute “The Scottish Ministers may direct that a”.

Amendment of schedule 3 (Level 2 Restrictions)

5.  In schedule 3 (level 2 restrictions)—

(a) in paragraph 8(5) (requirement to take measures to minimise risk of exposure to coronavirus in a Level 2 area)—

(i) in sub-paragraph (3), in the definition of “required distance”, after head (aa) insert—

“(ab) in relation to the premises of the Renaissance Club (except the grandstands or any reduced distance premises) during the period of the abrdn Scottish Open golf event, at least one metre,

(ac) in relation to the grandstands of the Renaissance Club during the period of the abrdn Scottish Open golf event, at least 1.5 metres,”,

(ii) in sub-paragraph (5)—

(aa) omit “and” following head (a), and

(bb) after paragraph (b) insert—

“(c) “the Renaissance Club” means the golf club known as the Renaissance Club, North Berwick,

(d) “the grandstands” means the two grandstands positioned separately at the seventeenth and eighteenth holes at the premises of the Renaissance Club,

(e) “the period of the abrdn Scottish Open golf event” means the period beginning with 8 July 2021 and ending with 11 July 2021, except in circumstances where the abrdn Scottish Open golf event is delayed such that play cannot be completed on 11 July 2021, in which case it means the period beginning with 8 July 2021 and ending with 12 July 2021”, and

(b) in paragraph 19 (Scottish Ministers’ power to call in applications for exemption from capacity in a Level 2 area), at the start of sub-paragraph (2) for “A” substitute “The Scottish Ministers may direct that a”.

Amendment of schedule 7A (restrictions on leaving or entering Scotland: common travel area)

6.  In paragraph 4 of schedule 7A(6) (places in respect of which restrictions in this schedule apply) omit sub-paragraph (b).

MAREE TODD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 11.30 a.m. on 7th July 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the principal Regulations”).

Regulations 3(a), 4(a) and 5(a) make amendments to Part 2 of schedules 1, 2 and 3 of the principal Regulations (other restrictions on business) to reduce physical distancing requirements at the premises known as the Renaissance Club, North Berwick during the abrdn Scottish Open golf event starting on 8 July 2021 and ending on 11 July 2021 (or 12 July 2021 in the event play cannot be completed on 11 July 2021). During that event, the required distance to be maintained between persons on those premises is reduced to at least 1 metre, except within the two grandstands positioned separately at the seventeenth and eighteenth holes, where the distance to be maintained between persons is reduced to at least 1.5 metres.

Regulations 3(b), 4(b) and 5(b) make minor amendments to Part 4 of schedules 1, 2 and 3 of the principal Regulations (restrictions on stadia and live events). The effect of those amendments is that from the coming into force of these Regulations, local authorities will only be required to notify the Scottish Ministers of an application (made to the local authority in question) for an exemption on capacity in Levels 0, 1 or 2 when directed to do so by the Scottish Ministers.

Regulation 6 amends schedule 7A of the principal Regulations (which sets out certain restrictions on entering Scotland from, or leaving Scotland to go to, the Common Travel Area) with the effect that, from the beginning of 8 July 2021, those restrictions no longer apply in relation to the area of Blackburn with Darwen Borough Council in England.

(1)

2020 c.7.

(2)

S.S.I. 2020/344, last amended by S.S.I. 2021/255.

(3)

Paragraph 3 of schedule 1 was relevantly amended by S.S.I. 2021/238.

(4)

Paragraph 4 of schedule 2 was relevantly amended by S.S.I. 2021/238.

(5)

Paragraph 8 of schedule 3 was relevantly amended by S.S.I. 2021/238 and by S.S.I. 2021/252.

(6)

Schedule 7A was inserted by S.S.I. 2020/389. Paragraph 4 of schedule 7A was relevantly amended by S.S.I. 2021/211, S.S.I. 2021/242 and S.S.I. 2021/255.