The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) (No 11) Regulations 2020 (“the Local Levels Regulations”). These Regulations come into force on 8 January 2021.

Regulation 3 amends schedule 4 and regulation 4(d) amends schedule 5 of the Local Levels Regulations to exclude workplace canteens from the definition of cafes which are treated as reduced distance premises.

Regulation 4 amends schedule 5 of the Local Levels Regulations to require the closure of showroom areas within larger premises and snow sports centres in Level 4 areas. Regulation 4 also requires the closure of independent clinics, independent hospitals and independent medical agencies, in relation to the provision of cosmetic procedures, but not for other provision of medical or surgical assistance.

Regulation 4 also inserts new paragraph 1A into schedule 5 of the Local Levels Regulations to require the closure of places of worship in level 4 areas for all uses except for those explicitly listed within the regulations. These are for a funeral; a commemorative event for a person who has died (other than a wake or a funeral tea); to broadcast an act of worship (whether over the internet or as part of a radio or television broadcast); for a marriage ceremony or civil partnership registration which consists of no more than 5 persons or where an interpreter is required, 6 persons; or 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, vaccination centres or support in an emergency). It is necessary, however, if a place of worship is to be used for any of these circumstances, that in each case the premises are used in accordance with paragraph 8 of schedule 5 to the Local Levels Regulations (which provides the requirements to take measures to minimise risk of exposure to coronavirus in a Level 4 area). Regulation 4 also details that the provision for closure of places of worship does not prevent the use of the premises in order to take preparatory steps for the purposes of the requirements under paragraph 8 of schedule 5.

Regulation 4 further amends schedule 5 of the Local Levels Regulations to reflect the above restrictions imposed upon attending places of worship. It also modifies the lists of circumstances for which there may be a public gathering indoors or outdoors in a level 4 area, to include funerals, commemorative events for a person who has died (but not to include a wake or funeral tea), and marriage ceremonies or civil partnership registrations which consist of no more than 5 persons or, where an interpreter is required, 6 persons.

Regulation 4(f)(v), (h) and (i)(i) makes minor corrections.

Regulation 4 amends the list in paragraph 18 of schedule 5 of the Local Levels Regulations of examples of reasonable excuse for a person leaving the place where they are living. The changes are to update when this can be to attend a marriage ceremony or registration of a civil partnership. Attendance at a commemorative event for a person who has died (other than a wake or a funeral tea) is also added to the list of examples.

Regulation 5 amends schedule 7A of the Local Levels Regulations to update the examples of a reasonable excuse for entering or leaving Scotland. The changes are to update when this can be to attend a marriage ceremony or registration of a civil partnership, as well as to add the example of attendance at a commemorative event for a person who has died (other than a wake or a funeral tea).

An Equality Impact Assessment, a Business Regulatory Impact Assessment and an Island Communities Impact Assessment have been prepared. Copies may be obtained online at www.legislation.gov.uk.