2021 No. 193
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021
Approved by the Scottish Parliament
Made
Coming into force
Laid before the Scottish Parliament
The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 20201 (“the Act”) and all other powers enabling them to do so.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.
The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by a resolution of, the Scottish Parliament.
Citation and commencement1
1
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021.
2
These Regulations come into force on 26 April 2021.
Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202 are amended in accordance with regulations 3 to 9.
Amendment of schedule 1: Level 0 restrictions3
1
Schedule 1 (level 0 restrictions) is amended in accordance with this regulation.
2
In paragraph 6(1)(a) (restrictions on public gatherings indoors)—
a
for “eight” substitute “ten”,
b
for “three” substitute “four”.
3
In paragraph 7(1) (restriction on public gatherings outdoors)—
a
in head (a), for “five” substitute “fifteen”,
b
omit head (b)3.
4
In paragraph 8(1) (restriction on gatherings in private dwellings)—
a
in head (a), for “three” substitute “four”,
b
in head (aa)4, for “five” substitute “15”,
c
for head (b), substitute—
b
takes place outdoors and all the persons in the gathering are under 12 years of age,
Amendment of schedule 2: Level 1 restrictions4
1
Schedule 2 (level 1 restrictions) is amended in accordance with this regulation.
2
For paragraph 3(1) (restricted opening hours for food and drink businesses), substitute—
1
A person who is responsible for carrying on a food and drink business in a Level 1 area must, between the hours of 2300 and 0600, in relation to any premises, or parts of the premises, which are indoors—
a
close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,
b
cease selling food or drink for consumption on those premises,
c
not permit consumption of food or drink on those premises by members of the public.
3
In paragraph 7(1)(a) (restriction on public gatherings indoors)—
a
for “six” substitute “eight”,
b
for “two” substitute “three”.
4
In paragraph 8(1)5 (restriction on public gatherings outdoors)—
a
in head (a)—
i
for “eight” substitute “twelve”,
ii
for “three” substitute “twelve”,
b
omit head (b).
5
In paragraph 9(1)6 (restriction on gatherings in private dwellings)—
a
before head (a) insert—
za
takes place indoors and consists of no more than six persons from no more than three households,
b
in head (a)—
i
for “eight” substitute “twelve”,
ii
for “three” substitute “twelve”,
c
for head (b), substitute—
b
takes place outdoors and all the persons in the gathering are under 12 years of age,
Amendment of schedule 3: Level 2 restrictions5
1
Schedule 3 (level 2 restrictions) is amended in accordance with this regulation.
2
In paragraph 1 (requirement to close certain premises to members of the public)—
a
in sub-paragraph (2), omit heads (b), (c), (e), (f), (h), and (i)7,
b
in sub-paragraph (3)—
i
omit heads (b) and (c),
ii
in head (d), omit “(b), (c), (e), (f), (h) or (i)”.
3
Omit paragraphs 2 (requirement to cease mobile close contact services) and 2A (requirement to cease mobile close contact services)8.
4
Omit paragraph 4 (closure of drinks-only public house businesses).
5
In paragraph 5 (restricted opening hours for food and drink businesses)—
a
for the opening text of sub-paragraph (1), substitute—
1
A person who is responsible for carrying on a food and drink business in a Level 2 area must, in relation to any premises, or parts of the premises, which are indoors—
b
for “2000” in each place where it occurs, substitute “2230”,
c
omit sub-paragraph (1)(a),
d
omit sub-paragraph (2),
e
for the opening text of sub-paragraph (3), substitute—
3
Sub-paragraph (1) does not prevent food or drink being sold—
6
Omit paragraphs 6 (restrictions on sale and consumption of alcohol in food and drink businesses) and 7 (special opening hours for certain services).
7
In paragraph 11(1)(a) (restriction on public gatherings indoors), for “two” substitute “three”.
8
In paragraph 12(1)(a) (restriction on public gatherings outdoors)—
a
for “six” substitute “eight”,
b
for “two” substitute “eight”.
9
In paragraph 13(1) (restriction on gatherings in private dwellings)—
a
before head (a) insert—
za
takes place indoors and consists of no more than four persons from no more than two households,
b
in head (a)—
i
for “six” substitute “eight”,
ii
for “two” substitute “eight”,
c
for head (b), substitute—
b
takes place outdoors and all the persons in the gathering are under 12 years of age,
Amendment of schedule 4: Level 3 restrictions6
1
Schedule 4 (level 3 restrictions) is amended in accordance with this regulation.
2
In paragraph 1 (requirement to close certain premises to members of the public)—
a
in sub-paragraph (2), omit head (q)9,
b
after sub-paragraph (4), insert—
4A
Sub-paragraph (1) does not prevent the use of premises for a drive-in event.
c
in sub-paragraph (6)10, omit head (b).
3
Omit paragraphs 2 (requirement to cease mobile close contact services) and 2A11 (requirement to cease mobile close contact services).
4
Omit paragraph 4 (closure of drinks-only public house businesses).
5
For paragraph 5(1) (restrictions on food and drink businesses) substitute—
1
Subject to paragraph 6, a person who is responsible for carrying on a food and drink business in a Level 3 area must, in relation to any premises, or parts of the premises, which are indoors—
a
cease selling or supplying alcohol for consumption on any part of its premises which are indoors,
b
not permit consumption of alcohol indoors,
c
between the hours of 2000 and 0600—
i
close the premises or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,
ii
cease selling food or drink for consumption on those premises,
iii
not permit consumption of food or drink on those premises by members of the public.
6
In paragraph 6(1)(b)12 (exceptions to food and drink business restrictions for certain services)—
a
for “(1)(d)” substitute “(1)(c)”,
b
for “1800” substitute “2000”.
7
For paragraph 13(2)13 (restrictions on leaving level 3 area), substitute—
2
But a person who lives in a Level 3 area may—
a
leave the area in order to travel to another part of the same area,
b
leave or remain away from the area, but only for the purpose of entering or remaining in a place in—
i
England,
ii
Wales,
iii
Northern Ireland,
iv
the Bailiwick of Guernsey,
v
the Bailiwick of Jersey,
vi
the Isle of Man.
8
For paragraph 14(2)14 (restrictions on entering level 3 area), substitute—
2
But a person who does not live in a Level 3 area may—
a
travel through it in order to reach a place outwith the area,
b
enter or remain in a Level 3 area, if entry to the Level 3 area is from—
i
England,
ii
Wales,
iii
Northern Ireland,
iv
the Bailiwick of Guernsey,
v
the Bailiwick of Jersey,
vi
the Isle of Man.
Amendment of schedule 5: Level 4 restrictions7
1
Schedule 5 (level 4 restrictions) is amended in accordance with this regulation.
2
In paragraph 11(1)(ca) (restriction on public gatherings indoors), omit the words from “and” to the end.
3
In paragraph 12(1)15 (restriction on public gatherings outdoors)—
a
in head (a)—
i
for “6” where it first appears substitute “four”,
ii
for “6” where it second appears substitute “two”,
b
after head (a), insert—
b
consists of no more than four persons from no more than four households who are all under 18 years of age, where at least one person in the gathering has attained 12 years of age,
c
in head (ea), omit the words from “and” to the end
4
In paragraph 13(1)16 (restriction on gatherings in private dwellings)—
a
in head (a)—
i
for “6” where it first appears substitute “four”,
ii
for “6” where it second appears substitute “two”,
b
for head (b) substitute—
b
takes place outdoors and—
i
consists of no more than four persons from no more than four households, who are all under 18 years of age, where at least one person in the gathering has attained 12 years of age, or
ii
all the persons in the gathering are under 12 years of age,
c
in head (da), omit the words from “and” to the end.
Amendment of schedule 6: Areas8
1
Schedule 6 (areas)17 is amended in accordance with this regulation.
2
Omit paragraph (2).
3
For the table following paragraph (2), substitute the following table—
Column (1)
Column (2)
Column (3)
Area
Level of area
1
Scotland
3
Amendment of schedule 7A: Restrictions on leaving or entering Scotland9
1
Schedule 7A18 (restrictions on entering or leaving Scotland: common travel area) is amended in accordance with this regulation.
2
For paragraph 4 (places in respect of which restrictions in this schedule apply) substitute—
Places in respect of which restrictions in this schedule apply4
The places are—
a
the Republic of Ireland.
(This note is not part of the Regulations)