Legislation – The Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020
Directions relating to public outdoor places7.
(1)
Subject to regulation 3, a local authority may give a direction imposing prohibitions, requirements or restrictions in relation to access to a specified public outdoor place in its area.
(2)
A direction under paragraph (1) may in particular prohibit access at specified times.
(3)
A direction under paragraph (1) must—
(a)
specify the public outdoor place or places to which it relates in sufficient detail to enable the boundaries of the place or places to be determined,
(b)
state the date and time on which any prohibition, requirement or restriction imposed by the direction comes into effect, and the date and time on which it will cease to have effect, and
(c)
give details of the right of appeal to a sheriff, and the time within which such an appeal may be brought.
(4)
The date and time mentioned in paragraph (3)(a) when the prohibition, requirement or restriction ceases to have effect must be no later than 21 days after it comes into effect.
(5)
Where a local authority gives a direction under paragraph (1) it must take reasonable steps—
(a)
to give advance notice of the direction to a person carrying on a business from premises within a public outdoor place to which the direction relates, and
(b)
to ensure that the direction is brought to the attention of any person who owns, occupies or is responsible for any land or premises in a specified public outdoor place to which the direction relates.
(6)
Any person who owns, occupies or is responsible for land or premises in a specified public outdoor place to which a direction under paragraph (1) relates may appeal to a sheriff.
(7)
On an appeal against a direction under paragraph (1) in a case where the direction was made pursuant to a direction of the Scottish Ministers under regulation 4, an application is to be issued to both the Scottish Ministers and the local authority.