The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020

PART 3 Restrictions on gatherings

Restriction on public gatherings

8.—(1) A person must not participate in a gathering in a public place, unless the gathering—

(a) consists of no more than six persons from no more than two households,

(b) is for the purpose of—

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) attending a place of worship,

(iv) facilitating a house move,

(v) an organised activity which—

(aa) takes place outdoors, or

(bb) is for persons under 18 years of age (whether indoors or outdoors),

(vi) organised exercise,

(c) relates to a funeral, marriage ceremony or civil partnership registration,

(d) is taking place in student accommodation, where all the persons in the gathering—

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) In this regulation, “gathering” means a situation where two or more persons, who are not members of the same household, are present together in a place in order to engage in any form of social interaction with each other.

(3) For the purpose of paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons participating in a gathering but are to be included when counting the number of households participating in a gathering.

(4) For the purpose of paragraph (1)(b)(v) and (vi), an activity or exercise is “organised” if it is organised by—

(a) a person who is responsible for carrying on a business or providing a service,

(b) a person who is responsible for a place of worship,

(c) a charity or other not for profit organisation,

(d) a club or political organisation, or

(e) the governing body of a sport or other activity.

Restriction on gatherings in private dwellings

9.—(1) A person must not attend a gathering in a private dwelling, unless the gathering—

(a) consists of no more than six persons from no more than two households,

(b) is for the purpose of—

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(iii) facilitating a house move,

(c) is a funeral, marriage ceremony or civil partnership registration,

(d) is taking place in student accommodation, where all the persons in the gathering—

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(2) For the purpose of paragraph (1)(a), children under 12 years of age are not to be included when counting the number of persons attending a gathering but are to be included when counting the number of households attending a gathering.

(3) In this regulation, “gathering” has the meaning given by regulation 8(2).

Restriction on parties in private dwellings

10.—(1) A person must not attend a party in a private dwelling.

(2) In paragraph (1), “party” means a social gathering where 16 or more persons, who are members of more than one household, are present together in a place, unless the gathering is—

(a) for the purpose of—

(i) work or providing voluntary or charitable services,

(ii) childcare, education or training,

(b) a funeral, marriage ceremony or civil partnership registration,

(c) taking place in student accommodation, where all the persons in the gathering—

(i) are using cooking, dining, toilet or washing facilities which are shared with any person who is not a member of their household, and

(ii) have the accommodation as their only or main residence.

(3) For the purpose of the definition of “party” in paragraph (2), children under 12 years of age are not to be included when counting the number of persons attending a gathering but are to be included when counting the number of households attending a gathering.

Power to enter a private dwelling

11.—(1) A constable may enter a private dwelling if—

(a) the constable reasonably suspects that—

(i) there is a contravention of regulation 9 or 10 going on there, and

(ii) it is necessary and proportionate to enter the dwelling for the purpose of preventing the continuation of the contravention, and

(b) a condition in paragraph (2) or (3) is met.

(2) Where the constable reasonably suspects that there is a contravention of regulation 9 going on at the private dwelling, the condition mentioned in paragraph (1)(b) is that either—

(a) the person who appears to be the occupier of the dwelling has consented, or

(b) the entry is effected under the authority of a warrant issued under paragraph (7).

(3) Where the constable reasonably suspects that there is a contravention of regulation 10 going on at the private dwelling, the condition mentioned in paragraph (1)(b) is that—

(a) the constable has requested any person reasonably suspected to be contravening regulation 10 to stop doing so, and

(b) the person has failed to comply with the request.

(4) The power of entry in this regulation—

(a) may be exercised at any time, and

(b) includes the power to use reasonable force.

(5) The constable must, if requested to do so, provide a document or any other thing showing the constable’s authority to exercise the power of entry in this regulation.

(6) Paragraph (7) applies where—

(a) a constable has been refused entry or reasonably anticipates being refused entry, or

(b) the occupier of the dwelling is temporarily absent and the constable considers the situation to be urgent.

(7) A sheriff or justice of the peace may by warrant authorise a constable to enter the private dwelling.

(8) A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.