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Coronavirus (Scotland) Act 2020

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This is the original version (as it was originally enacted).

  1. Introductory Text

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    PART 1 Main provisions

    1. Key expression

      1. 1.Meaning of “coronavirus”

    2. Eviction from dwelling-houses

      1. 2.Eviction from dwelling-houses

    3. Protection for debtors

      1. 3.Temporary extension of moratoriums on diligence

    4. Children and vulnerable adults

      1. 4.Children and vulnerable adults

    5. Justice

      1. 5.Justice

    6. Alcohol licensing

      1. 6.Alcohol licensing

    7. Public bodies

      1. 7.Functioning of public bodies

    8. Other measures in response to coronavirus

      1. 8.Other measures in response to coronavirus

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    PART 2 Supporting provisions

    1. 9.Advancement of equality and non-discrimination

    2. 10.Subordinate legislation making powers

    3. 11.Power to suspend and revive provisions

    4. 12.Expiry

    5. 13.Power to bring forward expiry

    6. 14.Power to amend Act in consequence of amendments to subordinate legislation

    7. 15.Reports by the Scottish Ministers on status of provisions

    8. 16.Ancillary provision

    9. 17.Commencement

    10. 18.Short title

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      SCHEDULE 1

      Eviction from dwelling-houses

      1. 1.Private residential tenancies: eviction grounds to be discretionary

      2. 2.Private residential tenancies: extension of notice periods

      3. 3.Assured tenancies: eviction grounds to be discretionary

      4. 4.Assured tenancies: extension of notice periods

      5. 5.Tenancies under the Rent (Scotland) Act 1984: eviction grounds to be discretionary

      6. 6.Tenancies under the Rent (Scotland) Act 1984: extension of notice periods

      7. 7.Scottish secure tenancies: extension of notice periods

      8. 8.Power to modify notice periods

      9. 9.Consequential modifications in relation to prescribed forms

      10. 10.Errors in notices

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      SCHEDULE 2

      Temporary extension of moratoriums on diligence

      1. 1.The Bankruptcy (Scotland) Act 2016 applies in accordance with the...

      2. 2.Section 195 (moratorium on diligence: notice of intention to make...

      3. 3.Section 196 (moratorium on diligence: notice of intention to make...

      4. 4.Section 198 (period of moratorium) has effect as if—

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      SCHEDULE 3

      Children and vulnerable adults

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        PART 1 Children

        1. 1.Requirements as to members of children’s hearings

        2. 2.Child assessment and child protection orders

        3. 3.Maximum period for which compulsory supervision order has effect

        4. 4.Maximum period for which interim compulsory supervision order or interim variation of compulsory supervision order has effect

        5. 5.Period within which children’s hearing must be held in certain cases

        6. 6.Children in secure accommodation

        7. 7.Modification of certain time limits for making and determination of appeals etc.

        8. 8.Attendance at children’s hearing

        9. 9.Authentication of children’s hearings documents

        10. 10.Looked after children

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        PART 2 Vulnerable adults

        1. 11.Care of adults with incapacity

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      SCHEDULE 4

      Justice

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        PART 1 Courts and tribunals: conduct of business by electronic means

        1. 1.Electronic signatures and transmission of documents

        2. 2.Suspension of requirements for physical attendance

        3. 3.Attendance by electronic means

        4. 4.Further provision about attendance by electronic means

        5. 5.Publication of directions and guidance

        6. 6.Interpretation of Part

      2. Expand +/Collapse -

        PART 2 Fiscal fines

        1. 7.Fixed penalty: conditional offer by procurator fiscal

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        PART 3 Cases beginning with an appearance from custody

        1. 8.Ability to take case in any sheriff court

        2. 9.Paragraph 8: supporting provision

      4. Expand +/Collapse -

        PART 4 Extension of time limits

        1. 10.Criminal proceedings: extension of time limits

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        PART 5 Evidence

        1. 11.Exceptions to the rule that hearsay evidence is inadmissible

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        PART 6 Community orders

        1. 12.Community payback orders: extension of unpaid work or other activity requirements

        2. 13.Community payback orders: time limit for completion of unpaid work or other activity

        3. 14.Community orders: postponement

        4. 15.Community orders: variation

        5. 16.Community orders: interpretation

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        PART 7 Parole Board

        1. 17.Chairing of the Parole Board

        2. 18.Modifications of the Parole Board Rules

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        PART 8 Release of prisoners

        1. 19.Early release of prisoners

        2. 20.Regulations under paragraph 19: procedure and expiry

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        PART 9 Legal aid

        1. 21.Assessment of claims for interim payment of fees and outlays

        2. 22.Recovery of overpayment of interim fees or outlays paid to firms

        3. 23.Payment of interim fees for civil legal aid to counsel

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      SCHEDULE 5

      Alcohol licensing

      1. 1.Requirement to hold a hearing

      2. 2.Premises licences

      3. 3.Personal licence holders

      4. 4.Licensing Boards etc.

      5. 5.Modifications of duties of Licensing Standards Officers

      6. 6.Notifications by the chief constable

      7. 7.Interpretation

      8. 8.Modifications of the Licensing (Procedure) (Scotland) Regulations 2007

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      SCHEDULE 6

      Functioning of public bodies

      1. Expand +/Collapse -

        PART 1 Licensing other than alcohol licensing

        1. 1.Modifications of Civic Government (Scotland) Act 1982 etc.

      2. Expand +/Collapse -

        PART 2 Freedom of information

        1. 2.Interpretation

        2. 3.Time periods for responding to requests

        3. 4.The Freedom of Information (Scotland) Act 2002 (Time for Compliance)...

        4. 5.Extension of periods in which certain authorities may respond

        5. 6.Commissioner’s ability to take account of impact of coronavirus

        6. 7.Giving notice electronically

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        PART 3 Duties in respect of reports and other documents

        1. 8.Power to postpone publication and laying of reports

        2. 9.Power to publish or make available documents for inspection electronically

        3. 10.Resumption of duties in relation to reports and documents

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        PART 4 Local authority meetings

        1. 11.Introductory

        2. 12.Interpretation

        3. 13.Grounds for exclusion of the public from meetings of local authorities

        4. 14.Photographic copies of documents in respect of meetings of local authorities

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        PART 5 Duties under the Public Finance and Accountability (Scotland) Act 2000

        1. 15.(1) The Scottish Ministers may by regulations make provision modifying...

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      SCHEDULE 7

      Other measures in response to coronavirus

      1. 1.Social security

      2. 2.In section 41 (right to request re-determination)—

      3. 3.In section 48 (deadline for appealing), in subsection (1)(c) after...

      4. 4.After section 52 insert— Coronavirus: relaxation of deadlines Re-determination and...

      5. 5.Section 43 (duty to re-determine) has effect as if—

      6. 6.Irritancy clauses in commercial leases: non-payment of rent or other sums due

      7. 7.Section 4 (irritancy clauses etc. relating to monetary breaches of...

      8. 8.Duration of planning permission

      9. 9.Section 58 (duration of planning permission) has effect as if...

      10. 10.Section 59 (planning permission in principle) has effect as if...

      11. 11.Electronic delivery of copy of deed to Registers of Scotland

      12. 12.Section 21 (application for registration of deed) has effect as...

      13. 13.The Land Registers (Scotland) Act 1868 applies in accordance with...

      14. 14.Section 6A (writs transmitted electronically to Register of Sasines) has...

      15. 15.Land registration: period of effect of advance notice

      16. 16.The advance notice is to be treated as having continued...

      17. 17.Paragraph 18 applies to an advance notice within the meaning...

      18. 18.The advance notice is to be treated as having continued...

      19. 19.Section 58 of the 2012 Act (period of effect of...

      20. 20.Anatomy Act 1984: extension of periods

      21. 21.Section 4B (lawful examinations: further provision) has effect as if...

      22. 22.Section 5 (control of possession after examination) has effect as...

      23. 23.Scrutiny of subordinate legislation in urgent cases

      24. 24.A Scottish statutory instrument containing subordinate legislation made in accordance...

      25. 25.Where subordinate legislation is made in accordance with paragraph 23,...

      26. 26.Subordinate legislation made in accordance with paragraph 23 must be...

      27. 27.Subordinate legislation made in accordance with paragraph 23 ceases to...

      28. 28.In calculating the period of 28 days for the purpose...

      29. 29.If subordinate legislation ceases to have effect as a result...

      30. 30.(1) In paragraphs 23 to 29, “subordinate legislation” includes an...

      31. 31.Business improvement districts: extension of certain arrangements

      32. 32.Muirburn

      33. 33.Section 23 (muirburn season) has effect as if—

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