The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 103

PUBLIC HEALTH

The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

Made at 7.15 p.m. on26thMarch2020

Laid before the Scottish Parliament27thMarch2020

Coming into force in accordance with regulation 1(1)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) of schedule 19 of the Coronavirus Act 2020( 1) (“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.

PART 1

Introduction

Citation, commencement and application

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 and come into force immediately after they are made.

(2) These Regulations apply in relation to Scotland only.

The emergency period and review of need for restrictions

2.—(1) For the purposes of these Regulations, the “emergency period”—

(a) starts when these Regulations come into force, and

(b) ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Scottish Ministers terminating the requirement or restriction.

(2) The Scottish Ministers must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16 April 2020.

(3) As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Scotland with coronavirus, the Scottish Ministers must publish a direction terminating that restriction or requirement.

(4) A direction published under this regulation may—

(a) terminate any one or more requirement or restriction,

(b) terminate a requirement or restriction in relation to a specified business or service or a specified description of business or service.

(5) In this regulation, “specified” means specified in a direction published under this regulation.

PART 2

Requirement to close premises and businesses

Requirement to close premises and businesses during the emergency period

3.—(1) A person who is responsible for carrying on a business which is listed in Part 1 of schedule 1 must—

(a) during the emergency period—

(i) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and

(ii) cease selling food or drink for consumption on its premises, or

(b) if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period.

(2) For the purposes of paragraph (1)(a), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.

(3) For the purposes of paragraph (1)(a)(ii) and (b), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of schedule 1 must cease to carry on that business or to provide that service during the emergency period.

(5) Paragraph (4) does not prevent the use of—

(a) premises used for the businesses or services listed in paragraphs 5, 6, 8, 9 or 10 of schedule 1 to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast,

(b) any suitable premises used for the businesses or services listed in that schedule to host blood donation sessions.

(6) If a business listed in Part 1 or 2 of schedule 1 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.

Further restrictions and closures during the emergency period

4.—(1) A person who is responsible for carrying on a business or providing a service listed in Part 3 of schedule 1 must, during the emergency period—

(a) take all reasonable measures to ensure that a distance of two metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),

(b) take all reasonable measures to ensure that it only admits people to its premises in sufficiently small numbers to make it possible to maintain that distance,

(c) take all reasonable measures to ensure that a distance of two metres is maintained between any person waiting to enter its premises (except between two members of the same household, or a carer and the person assisted by the carer).

(2) A person who is responsible for carrying on a business not listed in Part 3 of schedule 1 and which offers goods for sale or hire in a shop or provides library services must, during the emergency period—

(a) cease to carry on that business or provide that service except by making deliveries or otherwise providing services in response to orders received—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including orders by text message, or

(iii) by post,

(b) close any premises which are not required to carry out its business or provide its services as permitted by sub-paragraph (a),

(c) cease to admit any person to its premises who is not required to carry on its business or provide its services as permitted by sub-paragraph (a).

(3) Paragraph (1) does not apply to any business which provides hot or cold food for consumption off the premises, provided that it observes the requirements set out in paragraph (1)(a) to (c).

(4) Subject to paragraph (5), a person who is responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the emergency period.

(5) A person referred to in paragraph (4) may continue to carry on their business and keep any premises used in that business open—

(a) to provide accommodation for any person, who—

(i) is unable to return to their main residence,

(ii) uses that accommodation as their main residence,

(iii) needs accommodation while moving house,

(iv) needs accommodation to attend a funeral,

(b) to provide accommodation or support services for the homeless,

(c) to host blood donation sessions, or

(d) for any purpose requested by the Scottish Ministers or a local authority.

(6) A person who is responsible for a place of worship must ensure that, during the emergency period, the place of worship is closed, except for uses permitted in paragraph (7).

(7) A place of worship may be used—

(a) for funerals,

(b) to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, or

(c) to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),

provided that, in each case, a distance of two metres is maintained between every person on the premises (except between two members of the same household, or a carer and the person being assisted by the carer).

(8) A person who is responsible for a community centre must ensure that, during the emergency period, the community centre is closed except where—

(a) it is used to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency), and

(b) reasonable measures are taken to ensure that a distance of two metres is maintained between every person on the premises while those services are provided (other than between two members of the same household, or a carer and the person being assisted by the carer).

(9) A person who is responsible for a crematorium or burial ground must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials where reasonable measures are taken to ensure that a distance of two metres is maintained between every person on the premises of the crematorium during the funeral or burial (other than between two members of the same household, or a carer and the person assisted by the carer).

(10) If a business referred to in paragraph (2) or (4) (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (2) or (4) to cease to carry on its business if it ceases to carry on business A.

(11) In this regulation, a carer includes a person who provides care for the person assisted whether that care is provided—

(a) by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016( 2),

(b) on a paid basis, or

(c) on a voluntary basis.

PART 3

Restrictions on movement and gatherings

Restrictions on movement

5.—(1) Except to the extent that a defence would be available under regulation 8(4),...

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