8.—(1) A person must not organise a live event, unless paragraph (2) applies, which takes place wholly or mainly—
(a)outdoors at which more than five thousand persons are in attendance at any point in time during the event, or
(b)indoors at which more than two thousand persons are in attendance at any point in time during the event.
(2) This paragraph applies where—
(a)the event is either—
(i)ticketed, or
(ii)otherwise subject to an effective capacity control measure,
(b)the event takes place at a location, premises or other setting whose entrances and exits are controlled for the purpose of crowd and capacity management, and
(c)a local authority has approved a capacity exemption application (see regulation 9) in respect of the event.
(3) For the purposes of paragraph (2)(c) an approval of a capacity exemption application under paragraph 11 of schedule 1 of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020(1) (decisions on applications for exemption from capacity limits in a Level 0 area) approved before 9 August 2021, is to be treated as if it were approved under these Regulations.
(4) For the purpose of paragraph (1) the following types of persons are not to be included when counting the number of persons in attendance at a live event—
(a)persons who are working or providing voluntary or charitable services at the event, and
(b)children under 5 years of age.
S.S.I. 2020/344. Part 4 of schedule 1 was inserted by S.S.I 2021/209.