Coronavirus Act 2020

Health protection regulations: supplementary

5 (1) This paragraph makes further provision about regulations under paragraph 1(1).

(2) The regulations may—

(a) confer functions on local authorities, health boards and other persons;

(b) create offences;

(c) enable a court to order a person convicted of any such offence to take or pay for remedial action in appropriate circumstances;

(d) provide for the execution and enforcement of restrictions and requirements imposed by or under the regulations;

(e) provide for appeals from and reviews of decisions taken under the regulations;

(f) permit or prohibit the levy of charges;

(g) permit or require the payment of incentive payments, compensation and expenses;

(h) provide for the resolution of disputes.

(3) The regulations may also make—

(a) different provision for different purposes or different areas,

(b) such incidental, supplementary, consequential, transitional or transitory provision as the Scottish Ministers consider appropriate.

(4) The maximum penalties that may be imposed in relation to offences created under the regulations are—

(a) on summary conviction, imprisonment for a period not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, imprisonment for a period not exceeding two years or a fine (or both).

(5) The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises.

(6) Regulations that enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.

(7) In relation to a special restriction or requirement mentioned in paragraph 4(2)(c) or (d)—

(a) the period specified by virtue of sub-paragraph (6) of this paragraph and the intervals specified by virtue of that sub-paragraph must be 28 days or less, and

(b) the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made.

(8) For the purposes of this paragraph “specified” means specified in the regulations.