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The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020
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- Scottish Statutory Instruments
- 2020 No. 344
- PART 3
- Regulation 4
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Version Superseded: 02/04/2021
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Enforcement of requirementsS
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4.—(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 the person contravening a requirement in these Regulations 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 a direction or instruction given by the relevant person to the child.
(4) Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with a requirement mentioned in paragraph (5), 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 requirement.
(5) The requirements mentioned in paragraph (4) are those in Part 3 of each of schedules 1 to 5.
(6) For the purpose of this regulation, an individual has responsibility for a child if the individual has—
(a)care or control of the child for the time being, or
(b)parental responsibilities, within the meaning of section 1(3) of the Children (Scotland) Act 1995 M1, in relation to the child.
(7) Where a relevant person considers that persons are gathered together in contravention of the requirements mentioned in paragraph (5), the relevant person may—
(a)direct the gathering to disperse,
(b)direct any person in the gathering to return to the place where the person is living, or
(c)remove any person in the gathering to the place where the person is living.
[F1(7A) Where a relevant person considers that a person is outside the place where that person is 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.
(7B) A constable, exercising the power in paragraph (7A)(b) to remove a person to the place where that person is living, may use reasonable force, if necessary, in exercise of the power.]
(8) A relevant person may only exercise a power in paragraph (3), (4) [F2, (7) or (7A)] if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.
(9) A relevant person exercising a power under paragraph (3), (4) [F3, (7) or (7A)] may give the person concerned any reasonable instructions the relevant person considers necessary.
(10) A constable, exercising the power in paragraph (7)(c) to remove a person to the place where the person is living, may use reasonable force, if necessary, in exercise of the power.
(11) For the purpose of this regulation, a “relevant person” means—
(a)a constable, or
(b)subject to paragraph (12), a person designated by a local authority.
(12) A local authority may only designate a person for the purpose of this regulation in relation to the requirements in Part 1 (closure of premises) and Part 2 (other restrictions on business) in each of schedules 1 to 5.
(13) For the purpose of this Part, references to a requirement include references to a restriction.
Textual Amendments
F1Reg. 4(7A)(7B) inserted (5.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021 (S.S.I. 2021/1), regs. 1, 3
F2Words in reg. 4(8) substituted (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), 3(a)
F3Words in reg. 4(9) substituted (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), 3(b)
Commencement Information
I1Reg. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)
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