Scottish Statutory Instruments
Public Health
Approved by the Scottish Parliament
Made
at 1.25 p.m. on 3rd June 2021
Laid before the Scottish Parliament
at 3.30 p.m. on 3rd June 2021
Coming into force
5th June 2021
The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 2020(1) (“the Act”) and all other powers enabling them to do so.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.
The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by resolution of, the Scottish Parliament.
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 26) Regulations 2021.
(2) These Regulations come into force on 5 June 2021.
2. The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020(2) are amended in accordance with regulations 3 to 10.
3. In schedule 3 (level 2 restrictions), in paragraph 1(2) (requirement to close certain premises in a level 2 area to members of the public: listed businesses), omit head (m).
4. In paragraph 3(2) (requirement to take measures to minimise risk of exposure to coronavirus in a level 0 area)—
(a)at the end of head (b), omit “or”,
(b)at the end of head (c), insert “, or”, and
(c)after head (c) insert—
“(d)where a marriage ceremony or civil partnership registration is taking place—
(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and
(ii)one or both parties to the marriage or civil partnership.”.
5. In paragraph 4(2) (requirement to take measures to minimise risk of exposure to coronavirus in a level 1 area)—
(a)at the end of head (b), omit “or”,
(b)at the end of head (c), insert “, or”, and
(c)after head (c) insert—
“(d)where a marriage ceremony or civil partnership registration is taking place—
(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and
(ii)one or both parties to the marriage or civil partnership.”.
6. In paragraph 8(2) (requirement to take measures to minimise risk of exposure to coronavirus in a level 2 area)—
(a)at the end of head (b), omit “or”,
(b)at the end of head (c), insert “, or”, and
(c)after head (c) insert—
“(d)where a marriage ceremony or civil partnership registration is taking place—
(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and
(ii)one or both parties to the marriage or civil partnership.”.
7. In paragraph 7(2) (requirement to take measures to minimise risk of exposure to coronavirus in a level 3 area)—
(a)at the end of head (b), omit “or”,
(b)at the end of head (c), insert “, or”, and
(c)after head (c) insert—
“(d)where a marriage ceremony or civil partnership registration is taking place—
(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and
(ii)one or both parties to the marriage or civil partnership.”.
8. In paragraph 8(2) (requirement to take measures to minimise risk of exposure to coronavirus in a level 4 area)—
(a)at the end of head (b), omit “or”,
(b)at the end of head (c), insert “, or”, and
(c)after head (c) insert—
“(d)where a marriage ceremony or civil partnership registration is taking place—
(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and
(ii)one or both parties to the marriage or civil partnership.”.
9.—(1) Schedule 6 (areas)(3) is amended in accordance with this regulation.
(2) For the table following paragraph 1(1), substitute the following table—
| “Column (1) | Column (2) | Column (3) |
|---|---|---|
| Area | Level of Area | |
| 1 | Scotland (except the areas set out in the following rows) | 2 |
| 2 | Aberdeen City local government area | 1 |
| 3 | Aberdeenshire local government area | 1 |
| 4 | Angus local government area | 1 |
| 5 | Argyll and Bute local government area | 1 |
| 6 | Dumfries and Galloway local government area | 1 |
| 7 | East Lothian local government area | 1 |
| 8 | Falkirk local government area | 1 |
| 9 | Fife local government area | 1 |
| 10 | Highland local government area | 1 |
| 11 | Inverclyde local government area | 1 |
| 12 | Moray local government area | 1 |
| 13 | Perth and Kinross local government area | 1 |
| 14 | Scottish Borders local government area | 1 |
| 15 | West Dunbartonshire local government area | 1 |
| 16 | West Lothian local government area | 1 |
| 17 | The islands in the Highland local government area (except the Isle of Skye) | 0 |
| 18 | The Isle of Coll, the Isle of Colonsay, the Isle of Erraid, the Isle of Gometra, the Isle of Iona, the Isle of Islay, the Isle of Jura, the Isle of Mull, the Isle of Oronsay, the Isle of Tiree, and the Isle of Ulva | 0 |
| 19 | Orkney Islands local government area | 0 |
| 20 | Shetland Islands local government area | 0 |
| 21 | Na h-Eileanan Siar local government area | 0” |
10. In paragraph 2 (requirement to wear face coverings in certain indoor places)—
(a)at the end of sub-paragraph (h)(i), omit “or”,
(b)at the end of sub-paragraph (h)(ii), insert “, or”, and
(c)after sub-paragraph (h)(ii) insert—
“(iii)as part of the ceremony or registration and within the immediate vicinity of the relevant premises, they are being accompanied by one or more other persons to the specific location at which the marriage ceremony or civil partnership registration will take place.”.
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
At 1.25 p.m. on 3rd June 2021
(This note is not part of the Regulations)
These Regulations amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the Local Levels Regulations”).
Regulation 3 amends schedule 3 of the Local Levels Regulations to the effect that funfairs will be omitted from the categories of premises required to close in Level 2 areas.
Regulations 4 to 8 amend physical distancing requirements to create an exception that will allow one or both parties to a marriage ceremony or civil partnership registration to be accompanied by one or more other persons to the location of the ceremony without physically distancing.
Amendments to schedule 6 of the Local Levels Regulations at regulation 9 provide for different Levels to apply in different parts of Scotland, as set out in the table.
Regulation 10 amends schedule 7 of the Local Levels Regulation to create an exemption from the requirement to wear a face covering for a party to a marriage ceremony or civil partnership registration where they are being accompanied by one or more other persons to the location of the ceremony.
S.S.I. 2020/344, last amended by S.S.I. 2021/224.
The table in schedule 6 was substituted by S.S.I. 2021/209 and amended by S.S.I. 2021/211.