Coronavirus (Scotland) Act 2020

2020 asp 7

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st April 2020 and received Royal Assent on 6th April 2020

An Act of the Scottish Parliament to make provision in connection with coronavirus; and for connected purposes.

PART 1 SMain provisions

Key expressionS

1Meaning of “coronavirus”S

[F1In this Act, “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).]

Textual Amendments

F1S. 1 expires in part (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1)

Modifications etc. (not altering text)

C1S. 1 continued for specified purposes (1.10.2022) by The Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022 (S.S.I. 2022/261), regs. 1, 2, 6

Eviction from dwelling-housesS

F22Eviction from dwelling-housesS

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Textual Amendments

F2S. 2 expires (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1)

Protection for debtorsS

F33Temporary extension of moratoriums on diligenceS

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Textual Amendments

F3S. 3 expires (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1)

F4...S

Textual Amendments

F4S. 4 and cross-heading repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(1), 11(1) (with sch. para. 1)

F44Children and vulnerable adultsS

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JusticeS

F55JusticeS

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Textual Amendments

F5S. 5 expires (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1) (with saving in S.S.I. 2022/261, regs. 1, 3)

Alcohol licensingS

F66Alcohol licensingS

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Textual Amendments

F6S. 6 expires (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1) (with saving in S.S.I. 2022/261, regs. 1, 6)

Public bodiesS

F77Functioning of public bodiesS

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Textual Amendments

F7S. 7 expires (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1) (with saving in S.S.I. 2022/261, regs. 1, 13)

Other measures in response to coronavirusS

F88Other measures in response to coronavirusS

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Textual Amendments

F8S. 8 expires (1.10.2022) by Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1)

PART 2SSupporting provisions

9Advancement of equality and non-discriminationS

[F9(1)]In exercising a function conferred by virtue of Part 1 (including a function of making subordinate legislation), the Scottish Ministers must have [F10regard—

(a)to the importance of communicating in an inclusive way,

(b)]to opportunities to advance equality and non-discrimination.

[F11(2)In subsection (1)(a), “communicating in an inclusive way” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual’s needs.]

Textual Amendments

F9S. 9 renumbered as s. 9(1) (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), ss. 6(4), 16(1) (which affecting provision is continued (1.10.2022) for specified purposes until 1.4.2023 by S.S.I. 2022/261, regs. 1, 17(1)(a)(2))

F10Words in s. 9(1) substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), ss. 6(5), 16(1) (which affecting provision is continued (1.10.2022) for specified purposes until 1.4.2023 by S.S.I. 2022/261, regs. 1, 17(1)(a)(2))

F11S. 9(2) inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), ss. 6(6), 16(1) (which affecting provision is continued (1.10.2022) for specified purposes until 1.4.2023 by S.S.I. 2022/261, regs. 1, 17(1)(a)(2))

10Subordinate legislation making powersS

Any power to make subordinate legislation conferred by virtue of Part 1 includes power to make—

(a)incidental, supplementary, consequential, transitional, transitory or saving provision,

(b)different provision for different purposes or areas.

11Power to suspend and revive provisionsS

(1)The Scottish Ministers may by regulations—

(a)suspend the operation of any provision of Part 1,

(b)revive the operation of a provision so suspended.

(2)Sections 15 to 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act.

(3)The powers in subsection (1) may be exercised more than once in relation to the same provision.

(4)Regulations under this section—

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

(b)may make transitional, transitory or saving provision.

(5)Regulations under this section are subject to the negative procedure.

12ExpiryS

(1)Part 1 expires [F12at the end of [F1330 September 2022]].

(2)Subsection (1) is subject to section 13.

[F14(3)The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “30 September 2022”.]

(5)Regulations under subsection (3) are subject to the affirmative procedure.

(6)[F15At the same time as] laying a draft Scottish statutory instrument containing regulations under subsection (3) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, the Scottish Ministers must lay before the Parliament a statement of their reasons why the regulations should be made.

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry under subsection (1) of any provision of this Act.

(10)Regulations under subsection (9)—

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

(b)are subject to the negative procedure.

Textual Amendments

F12Words in s. 12(1) substituted (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 1(2), 11(2)

F13Words in s. 12(1) substituted (30.3.2022) by The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2022 (S.S.I. 2022/113), regs. 1, 2(2)

F14S. 12(3) substituted for s. 12(3)(4) (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 1(3), 11(2)

F15Words in s. 12(6) substituted (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(2), 11(2)

F16S. 12(7)(8) repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(3), 11(1)

13Power to bring forward expiryS

(1)The Scottish Ministers may by regulations provide that any provision of Part 1—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 12 or previous regulations under this section), and

(b)expires instead at such earlier time as is specified in the regulations.

(2)Regulations under this section—

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

(b)may make transitional, transitory or saving provision.

(3)Regulations under this section are subject to the negative procedure.

Modifications etc. (not altering text)

C2S. 13(1) modified (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(9), 11(2)

14Power to amend Act in consequence of amendments to subordinate legislationS

(1)The Scottish Ministers may by regulations modify any provision of this Act which modifies the effect of a provision of subordinate legislation.

(2)The power in subsection (1) may be exercised only if the modification is necessary in consequence of the modification of the provision of the subordinate legislation by other subordinate legislation.

(3)Regulations under subsection (1) may make transitional, transitory or saving provision.

(4)Regulations under subsection (1) must be laid before the Scottish Parliament as soon as reasonably practicable after they have been made.

(5)Regulations under subsection (1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, they are approved by resolution of the Scottish Parliament.

(6)In calculating the period of 28 days for the purpose of subsection (5), no account is to be taken of any period during which the Scottish Parliament is—

(a)in recess for more than 4 days, or

(b)dissolved.

(7)If regulations cease to have effect as a result of subsection (5), that does not—

(a)affect the validity of anything previously done under them, or

(b)prevent the making of new regulations.

15Reports by the Scottish Ministers on status of provisionsS

(1)The Scottish Ministers must, in respect of each reporting period—

(a)undertake a review of the operation of the provisions of Part 1 with a view to considering whether those provisions remain necessary, and

(b)prepare a report on that review.

(2)A report prepared under subsection (1) must—

(a)set out how any powers conferred by the provisions of Part 1 have been exercised, and

(b)include—

(i)the status of the provisions of Part 1 (whether or not any power under a provision has been exercised), and

(ii)a statement that the Scottish Ministers are satisfied that the status of those provisions is appropriate.

(3)The references in subsection (2) to the “status” of a provision are to—

(a)whether the provision is in force at the end of the reporting period, and

(b)whether any power under the following provisions has been exercised by the Scottish Ministers in relation to it during that period (and, if so, which and how)—

(i)section 11 (regulations suspending or reviving provision),

(ii)section 13 (regulations altering expiry date of provision),

(iii)section 17(2) (regulations bringing provision into force).

(4)Each of the following is a “reporting period”—

(a)the period beginning with the day after Royal Assent and ending on 31 May 2020,

(b)each successive period of 2 months that ends during the period before Part 1 of this Act expires by virtue of section 12(1).

(5)The Scottish Ministers must lay each report prepared under subsection (1) before the Scottish Parliament no later than 14 days after the end of a reporting period.

[F1715AReviews: information about domestic abuseS

(1)The Scottish Ministers must—

(a)in undertaking a review under section 15(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by—

(i)the Scottish Police Authority, or

(ii)the chief constable of the Police Service of Scotland, and

(b)explain in the report on that review prepared under section 15(1)(b) how the information was taken account of.

(2)In subsection (1)(a), “reporting period” means a period mentioned in section 15(4)(b).]

Textual Amendments

F17S. 15A inserted (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), ss. 13(3), 16(1)

16Ancillary provisionS

(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.

(2)Without prejudice to section 6 of the Interpretation and Legislative Reform (Scotland) Act 2010, the Scottish Ministers may by regulations modify any regulations made under subsection (1) in consequence of—

(a)the exercise of a power under section 11,

(b)the expiry of a provision of this Act under section 12,

(c)the exercise of a power under section 13.

(3)Regulations under subsection (2) may make transitional, transitory or saving provision.

(4)Regulations under this section—

(a)may modify the effect of any enactment (including this Act),

(b)are subject to the negative procedure.

17CommencementS

(1)This Act comes into force on the day after Royal Assent, subject to subsection (2).

(2)Paragraph 11(1) of schedule 3 (and section 4 so far as it relates to that paragraph) comes into force on such day as the Scottish Ministers may by regulations appoint.

(3)The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.