Legislation – Coronavirus (Recovery and Reform) (Scotland) Act 2022

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Introduction

Part 1
Public health protection

Chapter 1 Modifications of the Public Health etc. (Scotland) Act 2008

1 Public health protection measures

2 International travel regulations

3 Meaning of “premises”

Chapter 2 Arrangements for vaccination and immunisation

4 Arrangements for vaccination and immunisation

Part 2
Education

Chapter 1 Educational establishments etc.

5 Interpretation of Chapter

6 Duty to have regard to public health advice

7 Guidance on public health measures

8 Regulations on continuing operation of educational establishments

9 Regulations on school boarding accommodation

10 Regulations on student accommodation

11 Compliance and enforcement

12 Procedure for regulations

13 Regulations: public health declarations

14 Regulations: further provision about public health declarations

15 Review of regulations

16 Duty to seek views about regulations

17 Report on public schools’ readiness for remote learning

Chapter 2 School consultations

18 School consultations: meetings and documents

Part 3
Public service reform

19 Bankruptcy: service of documents

20 Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

21 Bankruptcy: remote meetings of creditors

22 Bank arrestments: protected minimum balance

23 Period of moratorium on diligence

24 Power to amend period of moratorium on diligence

25 Giving information of particulars of birth remotely

26 Funeral director giving information of particulars of death

27 Giving information of particulars of death remotely

28 Regulations under the 1965 Act

29 Power to make a register electronic

30 Civic licensing: how hearings may be held

31 Civic licensing: how notices may be published

32 Alcohol licensing: how hearings may be held

33 Electronic submission of copies of deeds and writs to Registers of Scotland

34 Register of Inhibitions: electronic signature of documents

35 Claim for interim payment of fees and outlays

36 Freedom of information: giving notice electronically

37 Mental health: removal of need for witnessing of signature of nominated person

38 Care services: giving of notices by SCSWIS

39 Disapplication of physical presence requirements

40 Custody officers’ functions

41 Chairperson’s functions

42 Members of children’s hearings

Part 4
Tenancies

43 Private residential tenancies: discretionary eviction grounds

44 Assured tenancies: discretionary eviction grounds

45 Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds

46 Private residential tenancies: pre-action protocol

47 Assured tenancies: pre-action protocol

48 Tenancies: saving provision

49 Tenancies: transitional provision

Part 5
Temporary justice measures

50 The measures

51 Power to suspend and revive

52 Expiry

53 Power to bring expiry forward

54 Regulations under this Part

55 Criminal procedure time limits: consequential modifications

56 Criminal procedure time limits: transitional and saving provision

57 Effect of early release from prison or young offenders institution by virtue of regulations

Part 6
Final provisions

58 Ancillary provision

59 Commencement

60 Short title

SCHEDULES

Schedule Temporary justice measures

Part 3Public service reform

Alcohol licensing

32Alcohol licensing: how hearings may be held

(1)

The Licensing (Scotland) Act 2005 is modified as follows.

(2)

After section 133 insert—

“133AHow hearings may be held

(1)

A Licensing Board may determine that a hearing is to be held—

(a)

in person,

(b)

wholly through the use of remote facilities, or

(c)

partly in person and partly through the use of remote facilities.

(2)

When determining how a hearing is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the hearing.

(3)

In subsection (1), “remote facilities” means any equipment or facility which—

(a)

enables persons who are not in the same place to participate in the hearing, and

(b)

enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).”.

(3)

In paragraph 12 of schedule 1 (proceedings)—

(a)

before sub-paragraph (1) insert—

“A1

A Licensing Board may determine that a meeting is to be held—

(a)

in person,

(b)

wholly through the use of remote facilities, or

(c)

partly in person and partly through the use of remote facilities.

A2

When determining how a meeting is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the meeting.”,

(b)

after sub-paragraph (2) insert—

“(2A)

Where a meeting is held wholly or partly through the use of remote facilities, a Licensing Board complies with the requirement mentioned in sub-paragraph (2) by enabling the public to observe the meeting through the use of remote facilities (for example, by making a web link to the meeting publicly available).”,

(c)

after sub-paragraph (6) insert—

“(7)

In this paragraph, “remote facilities” means any equipment or facility which—

(a)

enables persons who are not in the same place to participate in the meeting, and

(b)

enables those persons to speak to and be heard by each other (whether or not it enables those person to see and be seen by each other).”.