The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 5) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (“the principal regulations”).

Regulation 4(2) of the principal regulations provides that a person who is responsible for carrying on a business, not listed in Part 3 of schedule 1, and which offers goods for sale or hire in a shop must stop carrying on that business except in certain circumstances. Regulation 2(2) of these Regulations amends regulation 4(2) with the effect that goods may be offered for sale or hire in a shop. Regulation 2(5) of these Regulations omits Part 3 of schedule 1 as it is no longer necessary to describe the businesses to which regulation 4(2) of the principal regulations does not apply.

Regulation 6 of the principal regulations provides that no person may participate in a gathering of more than two people in a public place, with certain exceptions including where everyone in the gathering are members of no more than three households. Regulation 2(3) of these Regulations amends the principal regulations to provide that, in relation to a civil partnership or marriage, an approved celebrant or authorised registrar and any interpreter may take part in the gathering and do not count towards the limit of three households for gatherings in a public place.

Regulation 8(4) of the principal regulations provides that it is a defence to a charge of committing an offence under paragraph (1), (2) or (3) of that regulation if the person had a reasonable excuse. Regulation 2(4) of these Regulations amends regulation 8(5) of the principal regulations to provide that it is a reasonable excuse for a person to leave the place where they are living to move home, to undertake certain activities in connection with the purchase, sale, letting or rental of a residential property or to attend another residential property owned by that person for certain purposes relating to its security and condition.

These Regulations also omit paragraphs 12 and 20 to 22 of schedule 1 of the principal regulations, with the effect that a person responsible for carrying on the business of a betting shop, playground, sports court, outdoor gym, outdoor market or car showroom are no longer required to cease to carry on that business.