2(1)Regulations under paragraph 1(1) may not include provision imposing a restriction or requirement by virtue of sub-paragraph (3)(c) of that paragraph unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.S
(2)Regulations under paragraph 1(1) may not include provision enabling the imposition of a restriction or requirement by virtue of sub-paragraph (3)(c) of that paragraph unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
(3)Regulations under paragraph 1(1) may not include provision imposing a special restriction or requirement mentioned in paragraph 4(2)(a), (b), (c) or (d).
(4)Regulations under paragraph 1(1) may not include provision enabling the imposition of a special restriction or requirement unless—
(a)the regulations are made in response to a serious and imminent threat to public health, or
(b)imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.
(5)For the purposes of this paragraph—
(a)regulations “enable the imposition of a restriction or requirement” if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Scottish Ministers, a local authority, health board or other person;
(b)regulations “impose a restriction or requirement” if the restriction or requirement is imposed without any such decision.