The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 32) Regulations 2021

Citation and commencement

1.  These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 32) Regulations 2021 and come into force on 19 July 2021.

Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

2.  The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020(1) are amended in accordance with regulations 3 to 6.

Amendment of schedule 1 (Level 0 restrictions)

3.  In schedule 1 (Level 0 restrictions)—

(a) after paragraph 2 (requirement for seated food and drink sale and consumption in food and drink businesses in a Level 0 area), insert—

“Restricted opening hours for food and drink businesses in a Level 0 area

2A.— (1) A person who is responsible for carrying on a food and drink business in a Level 0 area must, between the hours of 0000 and 0400, in relation to any premises, or parts of the premises, which are indoors—

(a) close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,

(b) cease selling food or drink for consumption on those premises,

(c) not permit consumption of food or drink on those premises by members of the public.

(2) Sub-paragraph (1) does not prevent food or drink being sold—

(a) for consumption off the premises,

(b) by a hotel or other accommodation for consumption as part of room service,

(c) in a cinema to its customers for consumption in any of its auditoriums,

(d) to customers attending a drive-in event for consumption at the event,

(e) for consumption in a cafe, dining hall or canteen at—

(i) a hospital or care home,

(ii) a school or student accommodation,

(iii) a prison,

(iv) an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or

(v) a workplace canteen where—

(aa) there is no practical alternative for staff at that workplace to obtain food, and

(bb) so far as reasonably possible, a distance of at least one metre can be maintained between any person using the canteen,

(f) for consumption in premises providing food or drink to homeless persons,

(g) for consumption in premises which are airside at an airport,

(h) for consumption in premises which are on a ferry.

(3) Sub-paragraph (2)(c) to (h) does not apply in relation to the sale of alcohol.

(4) Sub-paragraph (1) does not prevent—

(a) the consumption of food or drink by a resident of a hotel in their private room,

(b) the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (2)(c) to (h).

(5) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(6) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

Restricted opening hours for casinos in a Level 0 area

2B.   A person who is responsible for carrying on a casino business in a Level 0 area must, between the hours of 0000 and 0400—

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

(b) not carry on business at such premises.”,

(b) in paragraph 3 (requirement to take measures to minimise risk of exposure to coronavirus in a Level 0 area)—

(i) after sub-paragraph (2)(a) insert—

“(aza) the persons participating in a gathering outdoors which consists of no more than fifteen persons from no more than fifteen households,”,

(ii) in sub-paragraph (3), for the definition of “required distance” substitute—

““required distance” means at least one metre,”, and

(iii) omit sub-paragraphs (4) and (5),

(c) in paragraph 6 (restrictions on public gatherings indoors in a Level 0 area)(2), for sub-paragraph (2) substitute—

“(2) For the purpose of sub-paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons or households participating in a gathering.”, and

(d) in paragraph 8 (restriction on gatherings in private dwellings in a Level 0 area)(3), for sub-paragraphs (2) and (3) substitute—

“(2) For the purpose of sub-paragraphs (1)(a) and (aa), children under 12 years of age are not to be included when counting the number of people or households attending a gathering.”.

Amendment of schedule 2 (Level 1 restrictions)

4.  In schedule 2 (Level 1 restrictions)—

(a) in paragraph 3 (restricted opening hours for food and drink businesses in a Level 1 area) omit sub-paragraphs (1A) and (1B)(4),

(b) in paragraph 3A (restricted opening hours for casinos in a Level 1 area) omit sub-paragraphs (2) and (3)(5), and

(c) in paragraph 4(6) (requirement to take measures to minimise risk of exposure to coronavirus in a Level 1 area)—

(i) in sub-paragraph (3), in the definition of “required distance”—

(aa) omit heads (aa)(7) to (c),

(bb) after head (a) insert “ or”,

(cc) existing head (d) becomes head (b), and

(ii) omit sub-paragraph (5).

Amendment of schedule 3 (Level 2 restrictions)

5.  In schedule 3 (Level 2 restrictions)—

(a) in paragraph 5 (restricted opening hours for food and drink businesses in a Level 2 area) omit sub-paragraphs (1A) and (1B)(8),

(b) in paragraph 5A (restricted opening hours for casinos in a Level 2 area) omit sub-paragraphs (2) and (3)(9), and

(c) in paragraph 8(10) (requirement to take measures to minimise risk of exposure to coronavirus in a Level 2 area)—

(i) in sub-paragraph (3), in the definition of “required distance”—

(aa) omit heads (aa)(11) to (c),

(bb) after head (a) insert “or”,

(cc) existing head (d) becomes head (b), and

(ii) omit sub-paragraph (5).

Amendment of schedule 6 (areas)

6.  For schedule 6 (areas)(12) substitute—

Regulation 3(6)

“SCHEDULE 6 Areas

1.— (1) This is the table referred to in regulation 3(6)(a).

Column (1)	Column (2)	Column (3)
	Area	Level of Area
1	Scotland	0

(2) For the purposes of this schedule “Scotland” includes—

(a) so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, and

(b) the airspace above Scotland.”.

HUMZA YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 12.15 p.m. on 15th July 2021