The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 23) Regulations 2021

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”). These Regulations come into force on 17 May 2021.

Regulation 3 amends regulation 2 of the Local Levels Regulations to include a definition of “live event”, and to make further provision relating to that definition. Regulation 2 also amends regulation 2 of the Local Levels Regulations to clarify the interpretation of “gathering”.

Regulation 4 amends regulation 4 of the Local Levels Regulations to extend the purposes for which a local authority may designate a person for enforcement purposes to include the provisions of Part 4 (restrictions on stadia and live events) in each of schedules 1, 2 and 3.

Regulation 5 amends regulation 6(5) of the Local Levels Regulations to change the number of persons which a constable must reasonably suspect to be at a gathering in a private dwelling before the power of entry in regulation 6(1) of the Local Levels Regulations may be exercised.

Amendments to schedules 1, 2, 3, 4, and 5 of the Local Levels Regulations at regulations 6(2), 7(2), 8(4), 9(2) and 10(2) adjust physical distancing requirements for children under 12. Persons responsible for places of worship, businesses or providing services are currently required to ensure, so far as reasonably practicable, that people on their premises or waiting to enter maintain a physical distance from each other, unless excepted from this requirement. These amendments add children under the age of 12 to the list of excepted persons.

Amendments to schedules 1, 2, and 3 of the Local Levels Regulations at regulations 6(3), 7(3), and 8(5) remove the restriction on organised public processions up to specified numbers of persons and specified durations.

Amendments to schedules 1, 2, and 3 of the Local Levels Regulations at regulations 6(4), 7(4), and 8(7) provide that live events can take place in Level 0, 1 and 2 areas up to specified limits. An event organiser may apply to a local authority for an exemption to the relevant capacity limits. A local authority may approve a capacity exemption application for a live event, and may make that approval subject to conditions. A local authority has power to vary and revoke those approvals. The Scottish Ministers may call in, for determination by them, a capacity exemption application.

Regulation 8(6) amends paragraph 13(1)(za) of the Local Levels Regulations to increase the number of persons who are permitted to gather indoors in a private dwelling to 6 persons from 3 households.

Amendments to schedule 6 of the Local Levels Regulations at regulation 11 provide for different Levels to apply in different parts of Scotland, as set out in the table. There are consequential amendments to schedules 4 and 5 of the Local Levels Regulations at regulations 9(3), (4) and (5) and regulation 10(3) to adjust travel controls to and from Level 3 and 4 areas.