The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the Local Levels Regulations”). These Regulations come into force on 5 January 2021.

Regulation 3 adds new paragraphs (7A) and (7B) into regulation 4 of the Local Levels Regulations to add to the enforcement powers of a constable. The amendment permits a relevant person, where they consider that a person is outside the place where they are living, to direct the person to return to the place where they are living or remove the person to that place. It also permits a constable, when exercising that power to remove a person, to use reasonable force, if necessary. The definition of “relevant person” in regulation 4(11) of the Local Levels Regulations means that this new power is only available to a constable and not a person designated by a local authority.

Regulations 4(a) and 4(b) amend paragraphs 11 and 12 of schedule 5 of the Local Levels Regulations so that the number of persons (including persons aged 12 to 17 years old) that may participate in either an indoor or an outdoor public gathering in a Level 4 area is reduced from six to two, but still from no more than two households. Regulation 4(b) also reduces the list of permitted purposes for outdoor public gatherings. In particular, regulation 4(b)(ii) removes the purposes of organised exercise which is either not a contact sport or is for persons under 18 years of age but which is not a public procession. The purpose of organised activity for persons under 12 years of age has been retained. As such, regulation 4(b)(iv) also makes a consequential amendment to the relevant definition of “organised”. Regulation 4(c) amends paragraph 13 of schedule 5 so that the number of persons (including persons aged 12 to 17 years old) that may participate in an outdoor gathering in a private dwelling is reduced from six to two.

Regulation 4(d) omits paragraph 14 of schedule 5 (restrictions on leaving level 4 area). Regulation 4(f) inserts new paragraphs 17 and 18 replacing restrictions on movement into a Level 4 area with a prohibition on a person who lives in a Level 4 area leaving the place where they live unless they have a reasonable excuse as listed in new paragraph 18.

An Equality Impact Assessment has been prepared. Copies may be obtained online at www.legislation.gov.uk .