The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 7) Regulations 2020

Amendment of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

2.—(1) The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020(1) are amended as follows.

(2) Omit regulation 3(7) (requirement to close premises and businesses).

(3) In regulation 4 (further restrictions and closures)—

(a) in paragraph (1), for “a distance of two metres”, in both places it occurs, substitute “the required distance”,

(b) in paragraph (7), after “a distance of” insert “at least”,

(c) in paragraph (8)(b), after “a distance of” insert “at least”,

(d) in paragraph (9), after “a distance of” insert “at least”,

(e) in paragraph (11), after the definition of “premises” insert—

““required distance” means—

(a)

in relation to passenger transport service premises or a shop, at least one metre, or

(b)

in all other cases, at least two metres,

“shop” means a building, room or other premises used for the retail sale or hire of goods or services but does not include banks, building societies, credit unions, short-term loan providers, savings clubs, cash points and undertakings which by way of business operate a currency exchange office, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.”.

(4) In the title of Part 3 (restrictions on movement and gatherings), omit “movement and”.

(5) Omit regulation 5 (restrictions on movement).

(6) For regulation 6(1) (restrictions on gatherings) substitute—

“(1) No person may participate in a gathering in a public place except—

(a) where the gathering takes place outdoors and all the persons in the gathering are members of no more than five households,

(b) where the gathering takes place indoors and all the persons in the gathering are members of no more than three households,

(c) to attend a funeral of—

(i) a member of the person’s household,

(ii) a close family member, or

(iii) if no-one within heads (i) or (ii) are attending, a friend,

(d) where the gathering is for the purposes of—

(i) work, or for the provision of voluntary or charitable services,

(ii) education or training,

(iii) providing care or assistance to a vulnerable person,

(iv) providing emergency or medical assistance,

(v) avoiding injury, illness or escaping a risk of harm,

(vi) facilitating a house move,

(vii) participation in legal proceedings or fulfilling a legal obligation,

(viii) donating blood,

(ix) accessing public services, including—

(aa) childcare services,

(bb) social services,

(cc) services provided by the Department of Work and Pensions,

(dd) services provided to victims (such as victims of crime),

(x) supervised outdoor recreation for people who are under 18 years of age, or

(e) in relation to a marriage ceremony or civil partnership registration, where the gathering—

(i) takes place outdoors and all the persons in the gathering (other than the approved celebrant or authorised registrar and any interpreter) are members of no more than five households, or

(ii) takes place indoors and all the persons in the gathering (other than the approved celebrant or authorised registrar and any interpreter) are members of no more than three households.”.

(7) In the title of Part 3A (public transport), for “Public transport” substitute “Face coverings”.

(8) In regulation 6A (requirement to wear a face covering on public transport)—

(a) in paragraph (2)(h)(ii), after “a distance of” insert “at least”,

(b) omit paragraph (3).

(9) After regulation 6A insert—

“Requirement to wear a face covering in a shop

6B.— (1) Except to the extent that a defence would be available under regulation 8(4), no person may use a shop without wearing a face covering.

(2) Paragraph (1) does not apply to the wearing of a face covering—

(a) by a child who is under the age of 5,

(b) by a constable acting in the course of their duty,

(c) by an emergency responder (other than a constable) acting in their capacity as an emergency responder,

(d) by a person responsible for a shop, or an employee of that person, where—

(i) there is a partition between the person or employee and members of the public, or

(ii) a distance of at least two metres is maintained between the person or employee and members of the public.

(3) For the purposes of paragraph (1)—

(a) a person uses a shop when—

(i) they are in a shop whether or not for the purposes of shopping, and

(ii) the shop, or part of the shop, is open to the public,

(b) a person who is responsible for a shop includes the owner, proprietor, tenant and manager of that shop.

(4) In this regulation, “shop” means a building, room or other indoor establishment used for the retail sale or hire of goods or services but does not include—

(a) restaurants, including restaurants and dining rooms in hotels or members’ clubs,

(b) cafes, including workplace canteens,

(c) bars, including bars in hotels or members’ clubs,

(d) public houses,

(e) banks, building societies, credit unions, short-term loan providers, savings clubs, cash points and undertakings which by way of business operate a currency exchange office, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.”.

(10) In regulation 7 (enforcement of requirements)—

(a) omit paragraph (3),

(b) in paragraph (4), for “(3)(b)” substitute “(9)(c)”,

(c) in paragraph (5), for “outside the place where they are living” substitute “contravening a requirement in these Regulations”,

(d) in paragraph (6), for “5(1)” substitute “6(1)”,

(e) in paragraph (8), for “(3), (5) or (6)” substitute “(5), (6) or (9)”,

(f) omit paragraph (10),

(g) in paragraph (11), omit “(3),”.

(11) In regulation 8 (offences and penalties)—

(a) in paragraph (4), for “paragraphs (5) and” substitute “paragraph”,

(b) omit paragraph (5),

(c) after paragraph (5A)(h) insert—

“(i) where the person is undertaking food handling tasks, to avoid risk to the hygiene or safety of food.”.

(12) In regulation 10 (interpretation)—

(a) after the definition of “constable” insert—

““emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984(2),”,

(b) for the definition of “extended household” substitute—

““extended household” means two households—

(a)

which have chosen to be treated as a single household, and

(b)

do not already form part of another extended household,”,

(c) after the definition of “household” insert—

““indoors” means a place which would be considered to be wholly or substantially enclosed for the purposes of section 4(2) of the Smoking, Health and Social Care (Scotland) Act 2005(3) under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006(4),

“passenger transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or sea,

“passenger transport service premises” means off-road premises where a passenger transport service may stop or terminate, allowing passengers on and off,”,

(d) omit the definition of “qualifying household”.

(13) In paragraph 2(2)(b) of schedule 1 (businesses subject to restrictions or closure), for “two metres” substitute “at least one metre”.

(1)

S.S.I. 2020/103, relevantly amended by S.S.I. 2020/164, S.S.I. 2020/182, S.S.I. 2020/190 and S.S.I. 2020/199.

(2)

1984 c.51. Section 153A(6) was inserted by section 75 of the Finance Act 2015 (c.11).

(3)

2005 asp 13.

(4)

S.S.I. 2006/90.