Legislation – The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020

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Introduction

PART 1
Introduction, application and review

1 Citation, commencement and application

2 Meaning of “the protected area”

3 Effect of Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020

4 Application of these Regulations

5 Interpretation

6 Review of requirements and restrictions

PART 2
Measures applying within the protected area

7 Requirement to close certain premises in the protected area to members of the public

8 Requirement to close licensed premises in the protected area

9 Requirement to close unlicensed premises during certain hours and to prohibit consumption of alcohol in the protected area

10 Exceptions for requirements in regulations 8 and 9 for certain services

11 Restriction on public gatherings in the protected area

PART 3
Measures applying outside the protected area

12 Requirement to close certain premises outside the protected area to members of the public

13 Requirement relating to relevant hospitality premises during certain hours: restaurants, cafes, bars, public houses, etc.

14 Restrictions on consumption of alcohol indoors in relevant hospitality premises

15 Exceptions for requirements in regulations 13 and 14 for certain services

16 Restriction on public gatherings

PART 4
Measures applying both within and outside the protected area

17 Requirement to take measures to minimise risk of exposure to coronavirus

18 Requirement to collect and share information: restaurants, cafes, bars, public houses, etc.

19 Guidance on minimising exposure to coronavirus

20 Restriction on gatherings in private dwellings

21 Restriction on parties in private dwellings

22 Power to enter a private dwelling

PART 5
Face coverings

23 Requirement to wear face coverings on public transport

24 Requirement to wear face coverings in certain indoor public places

PART 6
Enforcement

25 Enforcement of requirements

26 Offences and penalties

27 Fixed penalty notices

PART 7
Expiry

28 Expiry

SCHEDULES

SCHEDULE Places where face coverings must be worn

Signature

Explanatory note

PART 4Measures applying both within and outside the protected area

Requirement to take measures to minimise risk of exposure to coronavirus17.

(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, and

(iii)

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

(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 201622,

(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 198023,

“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 198024.

(4)

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

(a)

passenger transport service premises,

(b)

restaurants, including restaurants and dining rooms in hotels or members’ clubs,

(c)

cafes, including workplace canteens,

(d)

bars, including bars in hotels or members’ clubs, and

(e)

public houses.

24

Section 1(5)(a) was amended by schedule 3 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6), paragraph 3(2)(a) of schedule 3 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and paragraph 2(2)(c) of schedule 5 of the Children and Young People (Scotland) Act 2014 (asp 8).