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

Publication Date:January 01, 2020
 
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2020No. 279

PUBLIC HEALTH

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

Made at 10.58 a.m. on11thSeptember2020

Laid before the Scottish Parliament at 3.00 p.m. on11thSeptember2020

Coming into force14thSeptember2020

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.

PART 1

Introduction and review

Citation, commencement and application

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 and come into force on 14 September 2020.

(2) These Regulations apply in—

(a) Scotland, and

(b) Scottish airspace, in relation to a person who is on a mode of transport which took off from, or is to land at, a place in Scotland.

(3) In paragraph (2)—

“Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland,

“Scottish airspace” means the airspace above Scotland.

Interpretation

2.—(1) In these Regulations—

“child” means a person who is under 16 years of age, and “childcare” is to be construed accordingly,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012( 2),

“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 1984( 3),

“extended household” means two households—

(a) which have chosen to be treated as a single household for the purpose of—

(i) these Regulations, or

(ii) the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020( 4), and

(b) have not already chosen to be treated as a single household with any other household,

“face covering” means a covering of any type (other than a face shield) which covers a person's nose and mouth,

“household” means—

(a) one person living alone, or

(b) a group of persons living together in the same place as a family or other unit (whether or not related) and who have the place as their only or main residence,

“indoors” means a place which would be considered to be wholly or substantially enclosed for the purposes of section 4(2) of the Smoking, Health and Social Care (Scotland) Act 2005( 5) under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006( 6), and “outdoors” is to be construed accordingly,

“passenger transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or sea,

“passenger transport service premises” means off-road premises where a passenger transport service may stop or terminate, allowing passengers on and off,

“a person who is responsible for carrying on a business”, and similar expressions, includes the owner, occupier and manager,

“premises” includes any building or structure and any land, “private dwelling” means a caravan, houseboat or any building, or part of a building, used or intended to be used as a dwelling (including any garden or yard and any indoor passage or stair, outhouse or other structure of the dwelling) but does not include—

(a) accommodation in a hotel, hostel, members club, boarding house or bed and breakfast,

(b) accommodation provided by a care home service, within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010( 7),

(c) accommodation for children at a residential establishment, within the meaning of section 93(1) of the Children (Scotland) Act 1995( 8),

(d) school boarding accommodation, within the meaning of paragraph 10(5) of schedule 16 of the Coronavirus Act 2020( 9),

(e) accommodation intended for use by the army, navy or air force,

(f) a prison,

(g) a young offenders institution, within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989( 10),

(h) secure accommodation, within the meaning of section 108 of the Criminal Justice (Scotland) Act 2016( 11),

(i) a remand centre, within the meaning of section 19(1)(a) of the Prisons (Scotland) Act 1989,

“public place” means a place to which the public, or a section of the public, has access whether on payment or otherwise,

“student accommodation” has the meaning given in paragraph 11(5) of schedule 16 of the Coronavirus Act 2020.

(2) For the purpose of these Regulations, unless the context otherwise requires, references to a household include an extended household.

Review of restrictions and requirements

3.—(1) The Scottish Ministers must review the need for the restrictions and requirements imposed by these Regulations at least once every 21 days.

(2) The first review under paragraph (1) must be carried out by 1 October 2020.

(3) As soon as the Scottish Ministers consider that any restriction or requirement 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 restriction or requirement.

PART 2

Businesses and premises

Requirement to close certain premises to members of the public

4.—(1) A person who is responsible for carrying on a listed business must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this regulation.

(2) In paragraph (1), “listed business” means—

(a) a nightclub or discotheque,

(b) a sexual entertainment venue,

(c) an indoor theatre,

(d) a concert hall, or

(e) a soft play centre.

(3) Paragraph (1) does not prevent the use of—

(a) premises, while those premises remain closed to members of the public, to—

(i) record a performance,

(ii) broadcast a performance to persons outside the premises, whether over the internet or as part of a radio or television broadcast, or

(iii) rehearse or otherwise prepare for a performance,

(b) any suitable premises to host blood donation sessions.

(4) Paragraph (1) does not prevent the use of premises, while those remain closed to members of the public, to take preparatory steps in pursuance of a requirement in regulation 5(1).

(5) If a listed business (“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)(a) if it closes down business A.

(6) In paragraph (2), “sexual entertainment venue” has the meaning given by section 45A of the Civic Government (Scotland) Act 1982( 12).

Requirement to take measures to minimise risk of exposure to coronavirus

5.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service must take—

(a) measures to ensure, so far as reasonably practicable, that—

(i) the required distance is maintained between any persons on its premises (except between persons mentioned in paragraph (2)),

(ii) persons are admitted to its premises in sufficiently small numbers to make it possible to maintain the required distance,

(iii) the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in paragraph (2)),

(b) all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, for example measures which limit close face to face interaction and maintain hygiene such as—

(i) changing the layout of premises including the location of furniture and workstations,

(ii) controlling the use of entrances, passageways, stairs and lifts,

(iii) controlling the use of shared facilities such as toilets and kitchens,

(iv) otherwise controlling the use of, or access to, any other part of the premises,

(v) installing barriers or screens,

(vi) providing, or requiring the use of, personal protective equipment, and

(vii) providing information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.

(2) The persons mentioned in paragraph (1)(a)(i) and (iii) are—

(a) two or more members of the same household,

(b) a carer and the person assisted by the carer, or

(c) in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil.

(3) In this regulation—

“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( 13),

(b) on a paid basis, or

(c) on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980( 14),

“required distance” means—

(a) in relation to reduced distance premises, at least one metre, or

(b) in all other cases, at least two metres,

“school education” has the meaning given by section 1(5)(a) of the Education (Scotland) Act 1980( 15).

(4) In the definition of “required distance” in paragraph (3), “reduced distance premises” means—

(a) passenger transport service premises, or

(b) a building, room or other premises used for the retail sale or hire of goods, including—

(i) restaurants, including restaurants and dining rooms in hotels or members' clubs,

(ii) cafes, including workplace canteens,

(iii) bars, including bars in hotels or members' clubs,

(iv) public houses.

Requirement to collect and...

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