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

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There are currently no known outstanding effects for the The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020, PART 1. Help about Changes to Legislation

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PART 1SClosure of Premises

Requirement to close certain premises in a Level 4 area to members of the publicS

1.—(1) A person who is responsible for carrying on a listed business located in a Level 4 area must—

(a)close to members of the public any premises operated as part of the business, and

(b)not carry on business at such premises otherwise than in accordance with this regulation.

(2) In sub-paragraph (1), “listed business” means—

(a)a cinema,

(b)a nightclub, dance hall or discotheque,

(c)a concert hall,

(d)any other venue which—

(i)normally opens at night,

(ii)has a dance floor or other space for dancing or spectating by members of the public (and for these purposes, members of staff of the venue in question are to be considered members of the public) and

(iii)provides music, whether live or recorded,

(e)a sexual entertainment venue,

(f)an indoor or outdoor theatre,

(g)a comedy club,

(h)a museum or gallery,

[F1(ha)an indoor attraction at a visitor attraction,]

(i)a soft play centre,

(j)a sports stadium,

(k)a conference or exhibition centre,

(l)a snooker or pool hall,

(m)a bowling alley,

(n)a casino,

(o)a betting shop,

(p)a bingo hall,

(q)a funfair,

(r)an amusement arcade,

(s)premises which provide a close contact service,

[F2(sa)a driving instructor or examiner,]

[F3(sb)a tanning salon or premises which operates a self-tanning machine or a spray-tan booth,

(sc)a travel agency,

(sd)a premises [F4or an area within a premises] laid out as a showroom to demonstrate products for installation in residential property, such as kitchen, bathroom, furniture or glazing showrooms,]

[F5(se)an independent clinic which is registered with Healthcare Improvement Scotland under section 10P of the 1978 Act,

(sf)an independent medical agency which is registered with Healthcare Improvement Scotland under section 10P of the 1978 Act,

(sg)an independent hospital which is registered with Healthcare Improvement Scotland under section 10P of the 1978 Act,]

(t)a skating rink,

[F6(ta)a snow sports centre,]

(u)an indoor fitness studio, gym, swimming pool or other indoor leisure centre or facility,

F7(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(w)a drive-in event venue.]

(3) Sub-paragraph (1) does not prevent the use of—

(a)premises, while those premises remain closed to members of the public, to—

(i)record a performance F9... ,

(ii)broadcast a performance F10... to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or

(iii)rehearse, train, practise or otherwise prepare for a performance F11... ,

[F12(aa)premises, except premises of a listed business in sub-paragraph (2)(u), while those premises remain closed to members of the public, to—

(i)record a sporting event other than a professional sporting event,

(ii)broadcast a sporting event other than a professional sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or

(iii)train, practise or otherwise prepare for a sporting event other than a professional sporting event,]

(b)premises of a listed business in sub-paragraph (2)(c), (f), or (j) for education or training purposes,

(c)premises of a listed business in sub-paragraph (2)(j) for providing voluntary or charitable services,

(d)premises of a listed business in sub-paragraph (2)(a), (b), (c), (d), (f), (g), (j) or (k) for any purpose requested by the Scottish Ministers, a health board, a local authority or the Scottish Courts and Tribunals Service,

[F13(da)premises of a listed business in sub-paragraph (2)(se), (sf) or (sg) for the purposes of providing medical or surgical assistance,]

(e)any suitable premises to host blood donation sessions,

(f)any suitable premises that are used for the purposes of professional sport [F14, including the use of premises of a listed business in sub-paragraph (2)(u), to—

(i)record a professional sporting event,

(ii)broadcast a professional sporting event to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or

(iii)train, practise or otherwise prepare for a professional sporting event,]

[F15(g)any suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board,]

F16(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(i)any suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]

(4) Sub-paragraph (1) does not prevent the use of premises, while those remain closed to members of the public, to take preparatory steps in pursuance of a requirement in paragraph 8.

(5) If a listed business (“business A”) forms part of a larger business (“business B”) the person responsible for carrying on business B complies with the requirement in sub-paragraph (1)(a) if it closes down business A.

(6) In sub-paragraph (2)—

(a)“sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982 M1,

(b)“close contact service” means—

(i)hairdressing and barber services,

(ii)beauty and nail services (including make-up services),

(iii)hair removal services,

(iv)tattoo, piercing and body modification services,

(v)fashion design, dress-fitting and tailoring services,

(vi)indoor portrait photography and art services,

(vii)massage therapies, but not sports massage provided only to professional sportspersons,

(viii)complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(ix)spa and wellness services,

(x)other services or procedures which require physical contact or close physical proximity between a provider and a customer and are not ancillary to medical, health, or social care services,

[F18(c)“indoor attraction” means those parts of a venue, including visitor centres but not including toilets for visitors, which—

(i)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 under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, and

(ii)are, in normal times, open for members of the public to visit for the purposes of recreation, whether or not for payment,]

[F19(d)“drive-in event venue” means any premises or place indoors to which the public, or a section of the public, has access, whether on payment or otherwise, for the purpose of participating in or attending from within vehicles a drive-in or drive-through event, including an act of worship, a sporting event, a film or the performance of music, comedy or a play.]

[F20(7) In this paragraph—

“the 1978 Act” means the National Health Service (Scotland) Act 1978,

“medical or surgical assistance” does not include a cosmetic or aesthetic procedure (such as the injection or implantation into or under the skin of a substance for cosmetic purposes, or electrolysis).

F21... ]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Sch. 5 para. 1 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

[F22Requirement to close places of worship in a level 4 area to members of the publicS

1A.—(1) A person who is responsible for a place of worship must close that place of worship, except for a use permitted in paragraph (2).

(2) A place of worship may be used—

(a)for a funeral,

(b)for a commemorative event for a person who has died but is not a wake or a funeral tea,

(c)to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast,

(d)for a marriage ceremony or civil partnership registration which—

(i)consists of no more than 5 persons, or

(ii)where an interpreter is required to attend, consists of no more than 6 persons, or

(e)to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions, F23... or support in an emergency),

provided that, in each case, the premises are used in accordance with the requirements of paragraph 8.

[F24(2A) A place of worship may be used if it is a suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

[F25(2B) A place of worship may be used if it is a suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]

(3) Sub-paragraph (1) does not prevent the use of premises, while those remain closed to members of the public, to take preparatory steps in pursuance of a requirement in paragraph 8.]

Textual Amendments

Requirement to close retail and library premises in a Level 4 area to members of the publicS

2.—(1) A person who is responsible for carrying on a business which offers goods for sale or hire in a shop or provides library services in a Level 4 area must—

(a)cease to carry on that business or provide that service except by making deliveries or otherwise providing [F26a permitted collection service] in response to orders received—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including orders by text message, or

(iii)by post,

(b)close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (1)(a),

(c)cease to admit any person to its premises who is not required to carry on its business or provide its services as permitted by sub-paragraph (1)(a).

(2) Sub-paragraph (1) does not apply to any business which provides hot or cold food for consumption off the premises.

(3) Sub-paragraph (1) does not apply to any of the following—

(a)food retailers, including food markets, supermarkets, convenience stores and corner shops,

(b)off licenses and licensed shops selling alcohol (including breweries),

(c)pharmacies (including non-dispensing pharmacies) and chemists,

(d)newsagents,

[F27(e)building merchants and suppliers of products and tools used in building work and repairs,]

(f)petrol stations,

(g)car repair and MOT services,

(h)bicycle shops,

(i)taxi or vehicle hire businesses,

(j)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,

(k)post offices,

(l)funeral directors,

(m)laundrettes and dry cleaners,

(n)dental services, opticians, audiology services, chiropody services, chiropractors, osteopaths and other medical or health services, including services relating to mental health,

(o)veterinary surgeons and pet shops,

(p)agricultural supplies shops and agricultural markets,

(q)storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this sub-paragraph,

(r)car parks,

(s)public toilets,

(t)livestock markets or auctions,

(u)F28... outdoor markets, F29....

[F30(ua)subject to sub-paragraph (5), outdoor motor vehicle lots,]

[F31(v)libraries operated by, or associated with, a further education institution or a higher education institution in relation to the provision of library services to a member of staff or a student of the institution,]

[F32(w)public libraries providing free computer and internet access by appointment, but only in so far as necessary to provide access to that service.]

[F33(4) Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]

[F34(4A) Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]

[F35(5) An outdoor motor vehicle lot may open only to the extent necessary to enable—

(a)collection of a vehicle that has been purchased, or

(b)delivery or collection of a vehicle for the purposes of a repair, MOT or service.

(6) In this paragraph “permitted collection service” means a service that is provided—

(a)by any of the following—

(i)baby equipment shops,

(ii)book shops,

(iii)clothing shops,

(iv)electrical goods shops, including repair shops,

(v)footwear shops,

(vi)garden centres and plant nurseries,

(vii)homeware shops,

(viii)key cutting shops,

(ix)libraries, and

(x)shoe repair shops,

(b)by staggered appointment, with where reasonably practicable a gap between each appointment, and

(c)where access to the premises is given only to the extent necessary to provide the service.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Sch. 5 para. 2 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to cease providing holiday accommodation in a Level 4 areaS

3.—(1) A person who is responsible for carrying on a business in a Level 4 area consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business.

(2) Sub-paragraph (1) does not prevent holiday accommodation from being provided—

(a)to any person, who—

(i)is unable to return to their main residence,

(ii)uses that accommodation as their main residence,

(iii)is living in that accommodation for work purposes,

(iv)needs accommodation while moving house,

(v)needs accommodation to attend a funeral, [F36a marriage ceremony or civil partnership registration,]

[F37(vi)needs accommodation in order to participate in or facilitate shared parenting arrangements,]

(b)to the homeless or to support services for the homeless,

(c)to host blood donation sessions, or

(d)for any purpose requested by the Scottish Ministers [F38, a local authority or a health board.]

[F39(3) Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]

Textual Amendments

Commencement Information

I3Sch. 5 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to cease mobile close contact services in a Level 4 areaS

4.—(1) A person who provides a close contact service must not provide that service in a Level 4 area as a mobile close contact service.

(2) For the purposes of this paragraph—

(a)a “close contact service” means—

(i)hairdressing and barber services,

(ii)beauty and nail services (including make-up services),

(iii)hair removal services,

(iv)tattoo, piercing and body modification services,

(v)fashion design, dress-fitting and tailoring services,

(vi)indoor portrait photography and art services,

(vii)massage therapies,

(viii)complementary and alternative medicine services requiring physical contact or close physical proximity between persons, but not osteopathy and chiropractic services,

(ix)spa and wellness services,

(x)other services or procedures which require physical contact or close physical proximity between a provider and a customer and are not ancillary to medical, health, or social care services.

(b)a “mobile close contact service” means a close contact service which is provided at a location other than—

(i)fixed business premises which have as one of their uses the provision of the service,

(ii)a room which is used exclusively for the provision of the service and is situated within a private dwelling, hospice, or other care setting.

Commencement Information

I4Sch. 5 para. 4 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F40Requirement to cease driving lessons and tests in a Level 4 areaS

4A.  A person who provides a driving lesson or driving test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in a Level 4 area.]

Textual Amendments

[F41Requirement to cease mobile close contact services or vehicle driving lessons or tests in respect of Level 4 areasS

4B.—(1) A person responsible for carrying on a business, or who operates from premises, located in a Level 4 area who provides a mobile close contact service, must not provide that service in any other local authority area.

(2) A person responsible for carrying on a business, or who operates from premises, located in a Level 4 area who provides a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in any other local authority area.

(3) A person who is living in a Level 4 area who provides a mobile close contact service must not provide that service in any other local authority area.

(4) A person who is living in a Level 4 area who provides a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) must not provide that service in any other local authority area.

(5) No person may provide a driving lesson or test for which a motor vehicle is used (unless all occupants are members of the same household) to a person who is living in a Level 4 area.

(6) In this paragraph, “mobile close contact service” has the meaning given in paragraph 4(2).]

Textual Amendments

[F42Exemption for certain driving lessons and tests in Level 4 areasS

4C.—(1) Paragraphs 4A and 4B(2), (4) and (5) do not prevent a person providing a driving test—

(a)in accordance with their appointment under regulation 23(1)(c), (db) or (e) or 24(1)(cb), (d) or (f) of the 1999 Regulations, or

(b)for the purposes of the 2007 Regulations, where that person is appointed to conduct driving tests under regulations 23(1)(e) or 24(1)(f) of the 1999 Regulations.

(2) Paragraphs 4A and 4B(2), (4) and (5) do not prevent a person providing a driving lesson—

(a)for the purpose of delivering training prior to a test that will be conducted in accordance with sub-paragraph (1)(a), or

(b)for the purpose of delivering training required by the 2007 Regulations, where that person is an eligible person to be appointed under regulations 23(1)(e) or 24(1)(f) of the 1999 Regulations.

(3) In this paragraph—

“the 1999 Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999,

“the 2007 Regulations” means the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007.]

Textual Amendments

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