The Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020

Powers of Scottish Ministers

4.—(1) The Scottish Ministers may give a direction to a local authority requiring the authority to give a direction under regulation 5(1), 6(1) or 7(1), if the Scottish Ministers consider that the conditions in regulation 3(1)(a) and (b) would be met in relation to the local authority direction.

(2) If the Scottish Ministers consider that one or both of the conditions in regulation 3(1)(a) or (b) is no longer met in relation to a direction under regulation 5(1), 6(1) or 7(1) given by a local authority, the Scottish Ministers must direct the local authority to—

(a) revoke the direction without replacement, or

(b) revoke the direction and replace it with a further direction under regulation 5(1), 6(1) or 7(1) in relation to which the Scottish Ministers consider that the conditions in regulation 3(1)(a) and (b) would be met.

(3) Where the Scottish Ministers give a direction to a local authority under this regulation, regulation 3(1) does not apply in relation to the giving of a direction by the local authority pursuant to the Scottish Ministers’ direction.

(4) A direction under this regulation may be revoked by the Scottish Ministers.

(5) Before giving or revoking a direction under this regulation, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers.