The Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 1 of the Coronavirus (Scotland) Act 2020 (“the first Scottish Act”) and Part 1 of the Coronavirus (Scotland) (No.2) Act 2020 (“the second Scottish Act”) expire at the end of 30 September 2022. These Regulations contain saving provision required as a consequence of the expiry of Part 1 of the first Scottish Act and Part 1 of the second Scottish Act.

Part 2 of these Regulations makes saving provision in respect of the definition of coronavirus in sections 52A and 52B of the Social Security (Scotland) Act 2018 (“the 2018 Act”), which has the meaning given by section 1 of the first Scottish Act, so that sections 52A and 52B of the 2018 Act continue to have the same effect after Part 1 of the first Scottish Act expires.

Part 3 of these Regulations makes saving provision in respect of the expiry of section 5 and paragraph 13 of schedule 4 of the first Scottish Act, which modified section 227L of the Criminal Procedure (Scotland) Act 1995. Regulation 3 retains those modifications beyond that date in respect of an unpaid work or other activity requirement imposed before that expiry.

Part 4 of these Regulations makes saving provision in respect of the expiry of section 6 and schedule 5 of the first Scottish Act, insofar as they modified the Licensing (Scotland) Act 2005 (“the 2005 Act”).

Regulations 5 and 6 make general saving provision relating to the first Scottish Act for the purpose of supporting the subsequent particular saving provision, set out in regulations 7 to 10, which relate to the modifications of the 2005 Act. Regulation 7 saves the modification to section 45 (provisional premises licence) of the 2005 Act made by paragraph 2(5) of schedule 5 of the first Scottish Act. Section 45 provides that a Licensing Board can grant a provisional premises licence, which if not confirmed within 4 years is treated as revoked. The modification is saved only in respect of an application to extend the 4 year period which was made before the end of September 2022.

Regulation 8 saves the modification to section 54 (dismissal etc. of premises manager) made by paragraph 2(6) of schedule 5 of the first Scottish Act. Where one of the events mentioned in section 54(2) of the 2005 Act occurs, the premises licence holder must notify the Licensing Board within 7 days, and must apply to substitute another person as the premises manager within 6 weeks. Paragraph 2(6) of schedule 5 modified these requirements to increase the 7 day period to 28 days and increase the 6 week period to 3 months. The modification is saved only in relation to a section 54(2) event occurring before the end of September 2022.

Regulation 9 saves the modification to section 77 (period of effect of personal licence) made by paragraph 3(2) of schedule 5 of the first Scottish Act. A personal licence may be extended for 10 years if a renewal application is granted. The modification is saved only where an application has already been made but has not yet been determined, and the licence has expired, but remains in effect immediately before the end of September because of the effect of the modification.

Regulation 10 saves certain modifications to sections 9A (annual functions report) and 9B (annual financial report) made by paragraph 4(2) and (3) of schedule 5 of the first Scottish Act. Sections 9A and 9B provide respectively that Licensing Boards must prepare and publish annual functions reports and annual financial reports within 3 months of the end of the financial year. The modifications are saved to allow the Board to be able to delay publication until the 31 December 2022.

Part 5 of these Regulations makes saving provision in respect of the expiry of section 7 and Part 1 of schedule 6 of the first Scottish Act, which modified the Civic Government (Scotland) Act 1982 (“the 1982 Act”) and the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43) (“the 2006 Order”).

Regulations 12 and 13 make general saving provision relating to the first Scottish Act for the purpose of supporting the subsequent particular saving provision, set out in regulations 14 to 16, which relate to modifications of the 1982 Act and the 2006 Order. Regulation 14 saves the modifications made to section 3(1), (2) and (4) (discharge of functions of licensing authorities) of the 1982 Act made by paragraph 1(2) of schedule 6 of the first Scottish Act. The modifications are saved only in respect of a relevant application made before the end of September.

Regulation 15 saves the modifications made to paragraph 13(2) of schedule 1 of the 1982 Act (surrender of licences generally) and the modifications made to paragraph 16(2) of schedule 2 of the 1982 Act (control of sex shops; surrender of licence) made by paragraph 1(1), 1(7)(d) and 1(8)(d) of schedule 6 of the first Scottish Act. The modifications are saved only where the event that has given rise to the requirement to surrender the licence occurred before the end of September.

Regulation 16 saves the modification made to paragraph 2 of the schedule of the 2006 Order (application of modified Part 1 of the 1982 Act to skin piercing and tattooing), made by paragraph 1(9) and (10) of schedule 6 of the first Scottish Act. The modification is saved only in respect of a relevant application made before the end of September to ensure that the cross reference to section 3, upon which the modifications in the 2006 Order are based, remains consistent before and after the end of September 2022.

Part 6 of these Regulations makes saving provision in respect of the Social Care Staff Support Fund set up under the powers in paragraph 7 of schedule 1 of the second Scottish Act. It allows for the processing and payment of claims on the Social Care Staff Support Fund in respect of financial hardship experienced on or before 30 September 2022 by a worker in the social care sector to be carried out after the expiry of the second Scottish Act.