The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 5) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 190

PUBLIC HEALTH

The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 5) Regulations 2020

Made at 11.45 a.m. on26thJune2020

Laid before the Scottish Parliament at 3.00 p.m. on26thJune2020

Coming into force29thJune2020

The Scottish Ministers make the following Regulations in exercise of the power 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.

Citation and commencement

1. These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 5) Regulations 2020 and come into force on 29 June 2020.

Amendment of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations

2.—(1) The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020( 2) are amended as follows.

(2) In regulation 4 (further restrictions and closures)—

(a) in paragraph (2)—

(i) 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” substitute “providing”,

(ii) in sub-paragraph (a), omit “carry on that business or”,

(iii) in sub-paragraph (b), omit “carry out its business or”,

(iv) in sub-paragraph (c), omit “carry on its business or”,

(b) in paragraph (3)—

(i) omit sub-paragraph (a),

(ii) in sub-paragraph (b), for “any business which takes” substitute “taking”,

(iii) after sub-paragraph (b) insert—

“(c) a library at, or associated with, a college or university which provides library services to members of staff of the college or university or individuals undertaking postgraduate study, where it is not reasonably possible for those services to be accessed by those persons from the place they are living.”.

(3) For regulation 6 (restrictions on gatherings) substitute—

“Restrictions on gatherings

6.—(1) No person may participate in a gathering in a public place except—

(a) where all the persons in the gathering are members of no more than three households,

(b) where the gathering is essential for work purposes,

(c) to attend a funeral,

(d) where reasonably necessary—

(i) to facilitate a house move,

(ii) to provide care or assistance to a vulnerable person,

(iii) to provide emergency assistance,

(iv) to participate in legal proceedings or to fulfil a legal obligation, or

(e) in relation to a marriage ceremony or civil partnership registration, where all the persons in the gathering (other than the approved celebrant or authorised registrar and any interpreter) are members of no more than three households.

(2) In paragraph (1)—

“approved celebrant”—

(a) in relation to a civil partnership, has the meaning given by section 94A(4)(a) of the Civil Partnership Act 2004( 3),

(b) in relation to a marriage, has the meaning given by section 8(2)(a) of the Marriage (Scotland) Act 1977( 4),

“authorised registrar”—

(a) in relation to a civil partnership, has the meaning given by section 87 of the Civil Partnership Act 2004( 5),

(b) in relation to a marriage, has the meaning given by section 8(2)(b) of the Marriage (Scotland) Act 1977,

“gathering” means a situation where two or more people are present together in the same place—

(a) in order to engage in any form of social interaction with each other, or

(b) to undertake any other activity with each other.”.

(4) In regulation 8(5) (offences and penalties)—

(a) for sub-paragraph (a) substitute—

“(a) to obtain supplies for their household or a vulnerable person (including supplies for a pet or animal in their household or the household of a vulnerable person),

(aa) to make use of a service provided by a business or service not listed in Part 2 of schedule 1,â€...

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