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The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (revoked)

Changes over time for: The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (revoked) (without Schedules)

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Version Superseded: 22/06/2020

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PART 1SIntroduction

Citation, commencement and applicationS

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 and come into force immediately after they are made.

(2) These Regulations apply in relation to Scotland only.

Commencement Information

I1Reg. 1 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

The F1... review of need for restrictionsS

X12.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Scottish Ministers must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16 April 2020.

(3) As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Scotland with coronavirus, the Scottish Ministers must [F3revoke] that restriction or requirement.

F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1The power conferred under this provision to make a direction may be exercised by means of a notice published in The Gazette

Textual Amendments

Commencement Information

I2Reg. 2 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

PART 2 SRequirement to close premises and businesses

Requirement to close premises and businesses F5...S

3.—(1) A person who is responsible for carrying on a business which is listed in Part 1 of schedule 1 must—

(a)F6...—

(i)close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and

(ii)cease selling food or drink for consumption on its premises, or

(b)if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises F6... .

(2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.

(3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of schedule 1 must cease to carry on that business or to provide that service F7... .

(5) Paragraph (4) does not prevent the use of—

(a)premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of schedule 1 to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast,

(b)any suitable premises used for the businesses or services listed in that schedule to host blood donation sessions.

[F8(c)premises by a business taking preparatory steps, while the premises remain closed to members of the public, in pursuance of the requirement in regulation 4(1).]

(6) If a business listed in Part 1 or 2 of schedule 1 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Further restrictions and closures F9...S

4.—(1) [F10Subject to regulation 3 and paragraphs (2), (4), (6), (8) and (9), a person] who is responsible for carrying on a business or providing a service F11... must F12... —

(a)take all reasonable measures to ensure that a distance of two metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),

(b)take all reasonable measures to ensure that it only admits people to its premises in sufficiently small numbers to make it possible to maintain that distance,

(c)take all reasonable measures to ensure that a distance of two metres is maintained between any person waiting to enter its premises (except between two members of the same household, or a carer and the person assisted by the carer).

(2) A person who is responsible for carrying on a business not listed in Part 3 of schedule 1 and which offers goods for sale or hire in a shop or provides library services must F13...—

(a)cease to carry on that business or provide that service except by making deliveries or otherwise providing services in response to orders received—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including orders by text message, or

(iii)by post,

(b)close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (a),

(c)cease to admit any person to its premises who is not required to carry on its business or provide its services as permitted by sub-paragraph (a).

[F14(3) Paragraph (2) does not apply to—

(a)any business which provides hot or cold food for consumption off the premises,

(b)any business which takes preparatory steps, while the premises remain closed to members of the public, in pursuance of the requirement in paragraph (1).]

(4) Subject to paragraph (5), a person who is responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business F15... .

(5) A person referred to in paragraph (4) may continue to carry on their business and keep any premises used in that business open—

(a)to provide accommodation for any person, who—

(i)is unable to return to their main residence,

(ii)uses that accommodation as their main residence,

(iii)needs accommodation while moving house,

(iv)needs accommodation to attend a funeral,

(b)to provide accommodation or support services for the homeless,

(c)to host blood donation sessions, F16...

(d)for any purpose requested by the Scottish Ministers or a local [F17authority, or]

[F18(e)to provide information or other services—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including by text message,

(iii)by post.]

(6) A person who is responsible for a place of worship must ensure that F19... the place of worship is closed, except for uses permitted in paragraph (7).

(7) A place of worship may be used—

(a)for funerals,

(b)to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, or

(c)to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),

provided that, in each case, a distance of two metres is maintained between every person on the premises (except between two members of the same household, or a carer and the person being assisted by the carer).

(8) A person who is responsible for a community centre must ensure that F20... the community centre is closed except where—

(a)it is used to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency), and

(b)reasonable measures are taken to ensure that a distance of two metres is maintained between every person on the premises while those services are provided (other than between two members of the same household, or a carer and the person being assisted by the carer).

(9) A person who is responsible for a crematorium F21... must ensure that F22... the crematorium is closed to members of the public, except for funerals F23... where reasonable measures are taken to ensure that a distance of two metres is maintained between every person on the premises of the crematorium during the funeral F24... (other than between two members of the same household, or a carer and the person assisted by the carer).

[F25(9A) Paragraph (9) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.]

(10) If a business referred to in paragraph (2) or (4) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (2) or (4) to cease to carry on its business if it ceases to carry on business A.

[F26(11) In this regulation—

“carer” includes a person who provides care for the person assisted whether that care is provided—

(a)

by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“premises”—

(a)

in relation to paragraph (2)(b), has the meaning given by paragraph 4(5) of schedule 19 of the Coronavirus Act 2020, and

(b)

in all other cases, includes any building or structure and any land.]

Textual Amendments

Commencement Information

I4Reg. 4 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

PART 3SRestrictions on movement and gatherings

Restrictions on movementS

5.—(1) Except to the extent that a defence would be available under regulation 8(4), F27... no person may leave the place where they are living.

(2) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(3) Paragraph (1) does not apply to any person who is homeless.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Restrictions on gatheringsS

6.  [F28No] person may participate in a gathering in a public place of more than two people except—

(a)where all the persons in the gathering are members of [F29no more than [F30three] households],

(b)where the gathering is essential for work purposes,

(c)to attend a funeral, or

(d)where reasonably necessary—

(i)to facilitate a house move,

(ii)to provide care or assistance to a vulnerable person,

(iii)to provide emergency assistance, or

(iv)to participate in legal proceedings or to fulfil a legal obligation.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

PART 4 SEnforcement

Enforcement of requirementsS

7.—(1) A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations.

(2) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a)the person is contravening a requirement in these Regulations, and

(b)it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

(3) Where a relevant person considers that a person is outside the place where they are living, the relevant person may—

(a)direct that person to return to the place where they are living, or

(b)remove that person to the place where they are living.

(4) A constable, exercising the power in paragraph (3)(b) to remove a person to the place where they are living, may use reasonable force, if necessary, in exercise of the power.

(5) Where the person outside the place where they are living is a child accompanied by an individual who has responsibility for the child—

(a)the relevant person may direct that individual to take the child to the place where they are living, and

(b)that individual must, so far as reasonably practicable, ensure that the child complies with any such direction or instruction given by the relevant person to the child.

(6) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restriction in regulation 5(1), the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.

(7) For the purposes of this regulation, an individual has responsibility for a child if the individual—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child.

(8) A relevant person may only exercise a power in paragraph (3), (5) or (6) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.

(9) Where a relevant person considers that three or more people are gathered together in contravention of regulation 6, the relevant person may—

(a)direct the gathering to disperse,

(b)direct any person in the gathering to return to the place where they are living, or

(c)remove any person in the gathering to the place where they are living.

(10) Paragraphs (4) to [F31(8)] of this regulation apply to the exercise of a power under paragraph (9) as they apply to the exercise of a power under paragraph (3), (5) or (6).

(11) A relevant person exercising a power under paragraph (3), (5), (6) or (9) may give the person concerned any reasonable instructions they consider to be necessary.

(12) For the purposes of this regulation, a “relevant person” means—

(a)a constable, or

(b)subject to paragraph (13), a person designated by a local authority for the purposes of this regulation.

(13) A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 3 or 4.

(14) For the purposes of this Part, references to a requirement include references to a restriction.

Textual Amendments

Commencement Information

I7Reg. 7 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Offences and penaltiesS

8.—(1) A person who contravenes a requirement in regulation 3 to 7 commits an offence.

(2) A person who obstructs any person carrying out a function under these Regulations commits an offence.

(3) A person who contravenes a direction given under regulation 7, or fails to comply with a reasonable instruction or a prohibition notice given by a relevant person under regulation 7, commits an offence.

(4) It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse.

(5) In paragraph (4), a reasonable excuse includes F32... —

[F33(a)to obtain any of the following for their household or a vulnerable person—

(i)basic necessities, including food and medical supplies,

(ii)money,

(iii)other supplies from a business or service listed in Part 3 of schedule 1,]

[F34(b)to take exercise—

(i)alone,

(ii)with members of their household,

(iii)with members of [F35no more than two other households],]

(c)to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of schedule 1,

(d)to provide care or assistance to a vulnerable person, including to provide emergency assistance,

(e)to donate blood,

(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,

(g)to attend a funeral of—

(i)a member of the person's household,

(ii)a close family member, or

(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend,

(h)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings,

(i)to access critical public services, including—

(i)childcare or educational facilities (where these are still available to the child in relation to whom that person is the parent of, or has parental responsibility for or care of, the child),

(ii)social services,

(iii)services provided by the Department of Work and Pensions,

(iv)services provided to victims (such as victims of crime),

(j)in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child,

(k)in the case of a minister of religion or worship leader, to go to their place of worship,

(l)to move house where reasonably necessary,

(m)to avoid injury, illness or to escape a risk of harm.

[F36(n)to access recycling or waste disposal services,

(o)to take part in outdoor recreation—

(i)alone,

(ii)with members of their household,

(iii)with members of [F37no more than two other households,]]

[F38(p)to attend a place of worship to pray or contemplate, either alone or with other members of their household,

(q)in relation to a person who is a member of a household which is part of an extended household, to visit, provide assistance to or stay with the household which forms the other part of the extended household in the place where that household is living.]

(6) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding the statutory maximum.

(7) If an offence under this regulation committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) commits the offence and is liable to be prosecuted and proceeded against and punished accordingly.

(8) In paragraph (7), “officer” in relation to a body corporate means —

(a)in the case of a company—

(i)a director, secretary, manager or similar officer, or

(ii)where the affairs of the company are managed by its members, a member,

(b)in the case of a limited liability partnership, a member,

(c)in the case of a partnership other than a limited liability partnership, a partner,

(d)in the case of another body or association, a person who is concerned in the management or control of its affairs.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I8Reg. 8 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Fixed penalty noticesS

9.—(1) A constable may issue a fixed penalty notice to a person that the constable reasonably believes—

(a)has committed an offence under these Regulations, and

(b)is aged [F3918] years or over.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.

(3) The penalty payable in respect of a fixed penalty notice, subject to paragraph (4), is £60.

(4) Unless paragraph (5) applies, if £30 is paid before the end of the period of 28 days beginning with the date of the fixed penalty notice, then that is the amount of the fixed penalty (and the fixed penalty notice must make known the effect of this paragraph).

(5) If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—

(a)paragraph (4) does not apply, and

(b)the penalty payable in the case of—

(i)the second fixed penalty notice received is £120,

(ii)the third and subsequent fixed penalty notice received is double the amount specified in the last fixed penalty notice received by that person, to a maximum of £960.

(6) For the purposes of these Regulations—

(a)the form of a fixed penalty notice,

(b)the effect of a fixed penalty notice, and

(c)the procedure that applies to a fixed penalty notice,

are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 M1, as provided for in sections 129 to 134 of that Act [F40and sections 226B and 226I of the Criminal Procedure (Scotland) Act 1995]F41 , subject to the modifications in paragraph (7).

(7) The modifications are—

(a)section 129(1) is to be disregarded,

(b)the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),

(c)the definition of “prescribed area” in section 129(2) is to be disregarded,

(d)section 130(1), (2) and (3)(f) is to be disregarded,

(e)the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,

[F42(f)in section 131(5)—

(i)the reference to “in accordance with this Part” is to be construed as a reference to these Regulations, and

(ii)the reference to “a sum equal to one and a half times” is to be disregarded,] F43...

(g)the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a).

[F44(h)in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995—

(i)the reference to “by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004” is to be construed as a reference to that section as modified by this paragraph, and

(ii)the reference to “a fixed penalty notice given under section 129 (fixed penalty notices) of that Act” is to be construed as a reference to section 129 of the Antisocial Behaviour etc. (Scotland) Act 2004 as modified by this paragraph.]

Textual Amendments

F39Word in reg. 9(1)(b) substituted (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 7(2) (with s. 9)

F411995 c.46. Sections 226B and 226I were inserted by section 55 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Sections 226B and 226I have been amended but none of the amendments are relevant to these Regulations.

Commencement Information

I9Reg. 9 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Marginal Citations

PART 5SInterpretation and expiry

InterpretationS

10.  In these Regulations—

“child” means a person who is under 16 years of age,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 M2,

[F45“extended household” means two households which have chosen to be treated as a single household, where one of those households is a qualifying household,

“face covering” means a covering of any type which covers a person’s nose and mouth,

“household” includes an extended household,]

“a person who is responsible for carrying on a business” includes the owner, proprietor, and manager of that business,

[F46“qualifying household” means—

(a)

a person who lives alone, or

(b)

a household where only one person in the household is 18 years or over,]

“vulnerable person” includes—

(a)

any person aged 70 or older,

(b)

any person under 70 who has an underlying health condition, including but not limited to, the conditions listed in schedule 2,

(c)

any person who is pregnant.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

Marginal Citations

ExpiryS

11.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Commencement Information

I11Reg. 11 in force at 26.3.2020 at 7.15 p.m., see reg. 1(1)

JEANE FREEMAN

A member of the Scottish Government

St Andrew's House,

Edinburgh

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