Coronavirus Act 2020

Health protection regulations

1 (1) The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere).

(2) The power in sub-paragraph (1) may be exercised—

(a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and

(b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances.

(3) Regulations under sub-paragraph (1) may in particular include provision—

(a) imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination,

(b) conferring on local authorities, health boards or other persons functions in relation to the monitoring of public health risks, and

(c) imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health.

(4) The restrictions or requirements mentioned in sub-paragraph (3)(c) include in particular—

(a) a requirement that a child is to be kept away from school,

(b) a prohibition or restriction relating to the holding of an event or gathering,

(c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and

(d) a special restriction or requirement (see paragraph 4).

(5) The power in sub-paragraph (1) is subject to paragraphs 2 and 3.

(6) For the purposes of this Schedule, “health board” and “local authority” have the meanings given in section 124 of the Public Health etc. (Scotland) Act 2008.