The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

PART 1 S Closure of Premises

Requirement to close certain premises in a Level 3 area to members of the public S

1.—(1) A person who is responsible for carrying on a listed business located in a Level 3 area must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this regulation.

(2) In sub-paragraph (1), “listed business” means—

(a) a cinema,

(b) a nightclub, dance hall or discotheque,

(c) a concert hall,

(d) any other venue which—

(i) normally opens at night,

(ii) has a dance floor or other space for dancing or spectating by members of the public (and for these purposes, members of staff of the venue in question are to be considered members of the public), and

(iii) provides music, whether live or recorded,

(e) a sexual entertainment venue,

(f) an indoor or outdoor theatre,

(g) a comedy club,

(h) a soft play centre,

(i) a sports stadium,

(j) a conference or exhibition centre,

(k) a snooker or pool hall,

(l) a bowling alley,

(m) a casino,

(n) a bingo hall,

(o) a funfair,

(p) an amusement arcade,

[F1 (q) a drive-in event venue.]

(3) Sub-paragraph (1) does not prevent the use of—

(a) premises, while those premises remain closed to members of the public, to—

(i) record a performance or sporting event,

(ii) broadcast a performance or sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or

(iii) rehearse, train, practise or otherwise prepare for a performance or sporting event,

(b) premises of a listed business in sub-paragraph (2)(c), (f), or (i) for education or training purposes,

(c) premises of a listed business in sub-paragraph (2)(i) for providing voluntary or charitable services,

(d) premises of a listed business in sub-paragraph (2)(a), (b), (c), (d), (f), (g), (i), or (j) for any purpose requested by the Scottish Ministers, a health board, a local authority or the Scottish Courts and Tribunals Service,

(e) any suitable premises to host blood donation sessions,

(f) any suitable premises that are used for the purposes of [F2 training or competing by a professional sportsperson],

[F3 (g) any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board,]

[F4 (h) any suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]

(4) Sub-paragraph (1) does not prevent the use of premises, while those remain closed to members of the public, to take preparatory steps in pursuance of a requirement in paragraph 7.

(5) If a listed business (“business A”) forms part of a larger business (“business B”) the person responsible for carrying on business B complies with the requirement in sub-paragraph (1)(a) if it closes down business A.

[F5 (6) In sub-paragraph (2)—

(a) “sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982,

(b) “drive-in event venue” means any premises or place indoors to which the public, or a section of the public, has access, whether on payment or otherwise, for the purpose of participating in or attending from within vehicles a drive-in or drive-through event, including an act of worship, a sporting event, a film or the performance of music, comedy or a play.]

Textual Amendments

F1 Sch. 4 para. 1(2)(q) inserted (29.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/49), regs. 1, 4(a)(i)

F2 Words in sch. 4 para. 1(3)(f) substituted (2.4.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 19) Regulations 2021 (S.S.I. 2021/180), regs. 1(2), 8(2)

F3 Sch. 4 para. 1(3)(g) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 7(a)

F4 Sch. 4 para. 1(3)(h) inserted (29.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/49), regs. 1, 4(a)(ii)

F5 Sch. 4 para. 1(6) substituted (29.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/49), regs. 1, 4(a)(iii)

Commencement Information

I1 Sch. 4 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to cease mobile close contact services in a Level 3 area S

2.—(1) A person who provides a close contact service must not provide that service in a Level 3 area as a mobile close contact service.

(2) For the purposes of this paragraph—

(a) a “close contact service” means:

(i) beauty and nail services (including make-up services),

(ii) hair removal services,

(iii) tattoo, piercing and body modification services,

(iv) fashion design, dress-fitting and tailoring services,

(v) indoor portrait photography and art services,

(vi) massage therapies,

(vii) complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(viii) spa and wellness services,

(ix) other services or procedures which require physical contact or close physical proximity between a provider and a customer and are not ancillary to medical, health, or social care services.

(b) a “mobile close contact service” means a close contact service which is provided at a location other than—

(i) fixed business premises which have as one of their uses the provision of the service,

(ii) a room which is used exclusively for the provision of the service and is situated within a private dwelling, hospice, or other care setting.

Commencement Information

I2 Sch. 4 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F6 Requirement to cease mobile close contact services in respect of Level 3 areas S

2A.— (1) A person who is living in a Level 3 area who provides a mobile close contact service must not provide that service in any other local authority area.

(2) In this paragraph, “mobile close contact service” has the meaning given in paragraph 2(2).]

Textual Amendments

F6 Sch. 4 para. 2A inserted (13.11.2020 at 6.00 a.m.) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020 (S.S.I. 2020/374), regs. 1, 14