EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the Local Levels Regulations”). The Regulations come into force on 26 April 2021.

Regulation 3 amends paragraphs 6, 7 and 8 of schedule 1 of the Local Levels Regulations (level 0 restrictions), to increase the number of adults who can gather indoors and outdoors in public places and private dwellings in level 0.

Regulation 4 amends schedule 2 of the Local Levels Regulations (level 1 restrictions).

Regulation 4(2) amends paragraph 3, to restrict the opening hours of indoor premises of food and drink businesses between the hours of 11.00 p.m. and 6.00 a.m. at level 1. The opening hours of outdoor premises are no longer restricted by the Local Levels Regulations at any level.

Regulations 4(3), (4) and (5) amend paragraphs 6, 7 and 8, to increase the number of adults who can gather indoors and outdoors in public places and private dwellings in level 1.

Regulation 5 amends schedule 3 of the Local Levels Regulations (level 2 restrictions).

Regulation 5(2) amends paragraph 1, to remove the requirement for concert halls, other evening venues for music and dancing, theatres, comedy clubs, sports stadia and conference and exhibition centres to close at level 2.

Regulation 5(3) omits paragraphs 2 and 2A, in order that mobile close contact services can resume in level 2 areas.

Regulation 5(4) omits paragraph 4, to remove the requirement for drinks-only public house businesses to close in a level 2 area.

Regulation 5(5) amends paragraph 5, to restrict the opening hours of indoor premises of food and drink businesses between the hours of 10.30 p.m. and 6.00 a.m. at level 2.

Regulation 5(6) omits paragraph 6, removing the requirement for alcohol to be served with a main meal in a food and drink business. It further omits paragraph 7, so that food and drink businesses in a level 2 area providing services in connection with a wedding or funeral are not subject to any special opening hours in a level 2 area.

Regulations 5(7), (8) and (9) amend paragraphs 11, 12 and 13, to increase the number of adults who can gather indoors and outdoors in public places and private dwellings in level 2.

Regulation 6 amends schedule 4 of the Local Levels Regulations (level 3 restrictions).

Regulation 6(2) amends paragraph 1, to permit drive-in events at level 3.

Regulation 6(3) omits paragraph 2 and 2A, in order that mobile close contact services can resume in level 3 areas.

Regulation 6(4) omits paragraph 4, to remove the requirement for drinks-only public house businesses to close in a level 3 area.

Regulation 6(5) amends paragraph 5, to restrict the opening hours of indoor premises of food and drink businesses between the hours of 8.00 p.m. and 6.00 a.m. at level 3. Alcohol cannot be consumed in any indoor premises of a food and drink business.

Regulation 6(6) amends paragraph 6 to provide that where a food and drink business in a level 3 area is providing services in connection with a wedding or funeral the restricted opening hours are between 10.00 p.m. and 6.00 a.m.

Regulation 6(7), amends paragraph 13(2) and permits a person who lives in a Level 3 area to leave the area in order to travel to another part of the same area and to leave or remain away from the area, for the purpose of entering or remaining in England, Wales, Northern Ireland, Guernsey, Jersey, or the Isle of Man.

Regulation 6(8) amends paragraph 14(2) to permit persons not living in a Level 3 area to enter and remain in a Level 3 area if that area is entered from England, Wales, Northern Ireland, Guernsey, Jersey, or the Isle of Man.

Regulation 7 amends schedule 5 of the Local Levels Regulations (level 4 restrictions).

Regulations 7 amends paragraphs 11, 12 and 13 to remove the restriction on the number of persons attending a marriage ceremony or civil partnership registration indoors and outdoors in public and private places. The Local Levels Regulations will no longer provide for an upper limit of attendees at a marriage ceremony or civil partnership registration.

Regulation 7(3) amends paragraph 12, to reduce the number of adults who can gather outdoors in a public place in a level 4 area. It further provides for a different limit for those aged 12-17.

Regulation 7(4) amends paragraph 13, to reduce the number of adults who can gather outdoors in a private dwelling in a level 4 area. It further provides for a different limit for those aged 12-17.

Regulation 8 amends the table in schedule 6 (levels of areas) which now refers to the whole of Scotland rather than to the 32 local government areas and changes the protection level of Scotland presently at level 4 to level 3.

Regulation 9 amends paragraph (4) of schedule 7A of the Local Levels Regulations (Restrictions on leaving or entering Scotland: common travel area) to permit persons resident in Scotland to travel within the common travel area save for the Republic of Ireland.