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 6Enforcement

Offences and penalties26.

(1)

It is an offence for a person to contravene regulation 7, 8, 9, 11, 12, 13, 14, 16, 17(1)(a), 18, 20, 21, 23 or 24.

(2)

It is an offence for a person to obstruct any person carrying out a function under these Regulations.

(3)

It is an offence for a person to—

(a)

contravene a direction given under regulation 25, or

(b)

fail to comply with an instruction or prohibition notice given under regulation 25.

(4)

It is a defence to a charge of committing an offence under paragraph (1), (2) or (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.

(6)

If an offence under this regulation committed by a body corporate is proved to—

(a)

have been committed with the consent or connivance of an officer of the body, or

(b)

be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) commits the offence and is liable to be prosecuted and proceeded against and punished accordingly.

(7)

In paragraph (6), “officer” in relation to a body corporate means in the case of—

(a)

a company—

(i)

a director, secretary, manager or similar officer, or

(ii)

where the affairs of the company are managed by its members, a member,

(b)

a limited liability partnership, a member,

(c)

a partnership other than a limited liability partnership, a partner, or

(d)

another body or association, a person who is concerned in the management or control of its affairs.