Legislation – The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 10) Regulations 2020

These Regulations amend the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (“the principal regulations”).

Regulation 2(2) of these Regulations substitutes new regulations 4 and 4A into the principal regulations. The new regulation 4 requires a person responsible for a place of worship, for carrying on a business or providing a service to take all measures, where reasonably practicable, to ensure that the required distance is maintained between persons on the premises; that persons are allowed into premises in sufficiently small numbers to allow the required distance to be maintained; and, that the required distance is maintained between people waiting to enter the premises. It also requires any other measures, where reasonably practicable, to be taken, for example to limit close face to face interaction and maintain hygiene.

The new regulation 4A provides that the Scottish Ministers may issue guidance about the practical application of the requirements imposed by new regulation 4(1)(b) and that any such guidance issued by Scottish Ministers may incorporate documents published by another person, for example a trade association, a body representing members of an industry or a trade union. Regulation 4A also places a new duty on the persons responsible for a place of worship, carrying on a business or providing a service to have regard to guidance issued by the Scottish Ministers relating to its premises, business or service. It is not, however, an offence to fail to have regard to guidance as regulation 4A is excluded from the scope of regulation 8(1) of the principal regulations.

Regulation 2(3) of these Regulations substitutes a new regulation 6B into the principal regulations which provides that a face covering must be worn in certain indoor premises. A list of premises where a face covering is required is provided and specific exemptions are listed. It is an offence not to comply with the requirements of regulation 6B unless an exemption applies or there is a reasonable excuse for the failure to wear the face covering. A non-exhaustive list of reasonable excuses is provided in regulation 8(5A) of the principal regulations.

Regulation 2(5) of these Regulations amends the definition of face coverings in the principal regulations, with the effect that wearing a face shield no longer satisfies the requirement to wear a face covering in certain places.