The Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020

JurisdictionScotland
CitationSSI 2020/234
(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020 and come into force at 5.00 p.m. on 5 August 2020.(2) These Regulations apply in Scotland.
  • In these Regulations, “
  • In these Regulations “
  • (1) The Scottish Ministers must review the need for the requirements and restrictions imposed by these Regulations at least once every 7 days with the first review being carried out by 12 August 2020.(2) As soon as the Scottish Ministers consider that any requirement or restriction set out in these Regulations is 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 revoke that requirement.close any premises, or part of the premises, in the protected area in which food or drink is sold for consumption on those premises, andcease selling food or drink for consumption on its premises in the protected area.(1A) Paragraph (1) does not prevent a business taking preparatory steps, while the premises remain closed to members of the public, in pursuance of the requirement in regulation 4(1) of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (requirement to take measures to minimise risk of exposure to coronavirus) .(2) For the purposes of paragraph (1) , 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) , 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) If a business listed in the schedule (“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.(1) A person responsible for carrying on a casino business in the protected area must not carry on that business in the protected area.(2) Paragraph (1) does not prevent a business taking preparatory steps, while the premises remain closed to members of the public, in pursuance of the requirement in regulation 4(1) of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (requirement to take measures to minimise risk of exposure to coronavirus) .(3) If a business described in paragraph (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.(1) A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations.the person is contravening a requirement in these Regulations, andit is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.a constable, or(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) For the purposes of this regulation references to a requirement include references to a restriction.(1) A person who contravenes a requirement in regulation 5 F11or 5A commits an offence.(2) A person who obstructs any person carrying out a function under these Regulations commits an offence.(3) A person who fails to comply with a prohibition notice given by a relevant person under regulation 6 commits an offence.(4) It is a defence to a charge of committing an offence under paragraph (1) , paragraph (2) or paragraph (3) to show that the person, in the circumstances, had a reasonable excuse.(5) A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding the statutory maximum.to have been committed with the consent or connivance of an officer of the body, orto be attributable to any neglect on the part of such an officer,a director, secretary, manager or similar officer, orwhere the affairs of the company are managed by its members, a member,in the case of a limited liability partnership, a member,in the case of a partnership other than a limited liability partnership, a partner,in the case of another body or association, a person who is concerned in the management or control of its affairs.has committed an offence under these Regulations, andis aged 18 years or over.(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.(3) The penalty payable in respect of a fixed penalty notice, subject to paragraph (4) , is £60.(4) Unless paragraph (5) applies, if £30 is paid before the end of the period of 28 days beginning with the date of the fixed penalty notice, then that is the amount of the fixed penalty (and the fixed penalty notice must make known the effect of this paragraph) .paragraph (4)

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