The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021
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.
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021 and come into force on 29 January 2021.
Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202.
Amendment to regulation 2: interpretation3.
In regulation 2(1) (interpretation)—
(a)
““electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 19833,”,
(b)
““returning officer” means an officer who is—
(a)
appointed by, or by an order under, section 25 of the Representation of the People Act 19834,(b)
appointed under section 41(1) of the Representation of the People Act 1983,
(c)
a constituency returning officer appointed by or under an order under section 12(1) of the Scotland Act 19985, or(d)
a regional returning officer appointed by an order under section 12(6) of the Scotland Act 19986,”.
Amendment to schedule 4: level 3 restrictions4.
In schedule 4 (level 3 restrictions)—
(a)
in paragraph 1 (requirement to close certain premises in a level 3 area to members of the public)—
(i)
“(q)
a drive-in event venue.”,
(ii)
“(h)
any suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”,
(iii)
“(6)
In sub-paragraph (2)—
(a)
“sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 19827,(b)
“drive-in event venue” means any premises or place indoors to which the public, or a section of the public, has access, whether on payment or otherwise, for the purpose of participating in or attending from within vehicles a drive-in or drive-through event, including an act of worship, a sporting event, a film or the performance of music, comedy or a play.”,
(b)
“(9)
Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”.
Amendment to schedule 5: level 4 restrictions5.
In schedule 5 (level 4 restrictions)—
(a)
in paragraph 1 (requirement to close certain premises in a level 4 area to members of the public)—
(i)
“(w)
a drive-in event venue.”,
(ii)
“(i)
any suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”,
(iii)
“(d)
“drive-in event venue” means any premises or place indoors to which the public, or a section of the public, has access, whether on payment or otherwise, for the purpose of participating in or attending from within vehicles a drive-in or drive-through event, including an act of worship, a sporting event, a film or the performance of music, comedy or a play.”,
(b)
“(2B)
A place of worship may be used if it is a suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”,
(c)
“(4A)
Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”,
(d)
“(3)
Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”,
(e)
“(8)
Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.”,
(f)
(i)
“(v)
attend a marriage ceremony or registration of a civil partnership, where the person is, in relation to that marriage ceremony or civil partnership registration—
(i)
a party,
(ii)
a witness,
(iii)
the approved celebrant or authorised registrar within the meaning of section 8(2) of the Marriage (Scotland) Act 197710,(iv)
the approved celebrant within the meaning of section 94A(4)(a) of the Civil Partnership Act 200411,(v)
the authorised registrar within the meaning of section 87 of the Civil Partnership Act 200412, or(vi)
a required interpreter,”,
(ii)
“(w)
attend a funeral or commemorative event for a person who has died (other than a wake or a funeral tea), or to travel for compassionate reasons which relate to the end of a person’s life,”.
Amendment of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 20206.
(1)
(2)
In regulation 15(1) (expiry and review) for “31 January 2021” substitute “31 March 2021”.
St Andrew’s House,
Edinburgh
These Regulations amend the Health Protection (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the Local Levels Regulations”) and the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020 (“the Directions Regulations”). These Regulations come into force on 29 January 2021.
Regulation 3 inserts definitions into the Local Levels Regulations for the purposes of the amendments made by these Regulations.
Regulation 4 amends the Local Levels Regulations to make provision requiring drive-in event venues to close in a Level 3 area. It also amends paragraph 1 of schedule 4 of those Regulations to exempt premises in a Level 3 area from closure for electoral purposes if they are suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election. Additionally, it amends paragraph 5 of that schedule to remove the restrictions on premises used by food and drink businesses so that they may be used in connection with an election on the same basis.
Regulation 5 amends the Local Levels Regulations to make provision requiring drive-in event venues to close in a Level 4 area.
Regulation 5 also amends schedule 5 of the Local Levels Regulations to enable suitable premises required to close, or permitted to open only for specified purposes, in a Level 4 area to be used in connection with an election if a returning officer or electoral registration officer has requested their use in connection with the carrying out of any of their functions. This includes retail and library premises, premises used by food and drink businesses, places of worship and holiday accommodation.
Regulation 5 also makes amendments to the Local Levels Regulations to provide that the same restrictions will apply to a person coming into a Level 4 area, from an area in another level, to attend a marriage, civil partnership or funeral as apply to a person living in a Level 4 area.
Regulation 6 changes the date for the expiration of the Directions Regulations from 31 January 2021 to 31 March 2021.