The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 2) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations (which come into force at 6.00 a.m. on 13 November 2020) amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the principal regulations”).

Regulation 3 changes the level of restrictions and requirements which apply in relation to the local authority areas of Fife, Angus, and Perth and Kinross. (The restrictions and requirements applicable in relation to different levels are set out in schedules 1 to 5 of the principal regulations). These areas become subject to Level 3 restrictions and requirements.

Regulation 4 makes special provision for the local government areas of Orkney Islands, Shetland Islands and Na h-Eileanan Siar when those areas are identified as being Level 1 areas. The special provision permits gathering indoors in private dwellings, subject to limitations.

Regulations 5 and 6 correct cross-referencing errors in the principal regulations’ provisions on offences and power of entry.

Regulation 7 amends an exception to the restriction on gathering outdoors in a public place applicable to gatherings of people aged under 18 (where at least one person is aged 12 to 17). It reduces (from 15 to eight) the number of people who can attend such a gathering.

Regulation 8 adds to the circumstances in which gatherings are permitted outdoors in private dwelling settings (for example, gardens) in Level 0 areas. In relation to the rules for reckoning the numbers involved in gatherings in private dwellings, it also brings these into line with the rules applicable in other levels.

Regulation 9 adds organised activities for people aged under 18 (other than public processions) to the list of exceptions to the restriction on public gatherings outdoors in Level 4 areas.

Regulations 10 and 11 make changes relevant to food and drink businesses in Level 3 areas.

Regulations 12 to 14 and 16 prohibit the provision of mobile close contact services and driving lessons and tests in respect of Level 2, 3 and 4 areas across local authority area boundaries.

Regulation 15 prohibits the provision of driving lessons and tests in Level 4 areas.

Regulation 17 adds to the list of circumstances in which a person is not required to wear a face covering in certain indoor spaces. It also adds to the list of categories of places in which the requirement applies.

Regulation 18 makes minor corrections to the principal regulations.

A Business and Regulatory Impact Assessment has been prepared. Copies may be obtained online at www.legislation.gov.uk.