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 5Face coverings

Requirement to wear face coverings in certain indoor public places24.

A person who enters or remains within a place listed in the schedule must wear a face covering, unless the person is—

(a)

a child who is under 5 years of age,

(b)

a constable acting in the course of the constable’s duty,

(c)

an emergency responder (other than a constable) acting in the person’s capacity as an emergency responder,

(d)

a person who is responsible for a place listed in the schedule, an employee of that person or a volunteer at that place, where—

(i)

there is a partition between the person, employee or volunteer and members of the public, or

(ii)

a distance of at least two metres is maintained between the person, employee or volunteer and members of the public,

(e)

in a restaurant, cafe, bar or public house and seated at a table,

(f)

in a place of worship and leading an act of worship where—

(i)

there is a partition between the person and any other person, or

(ii)

a distance of at least two metres is maintained between the person and any other person,

(g)

at a funeral, marriage ceremony or civil partnership registration and leading the service, ceremony or registration where—

(i)

there is a partition between the person and any other person, or

(ii)

a distance of at least two metres is maintained between the person and any other person,

(h)

seeking medical assistance, and—

(i)

the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)

the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(i)

providing care or assistance to a vulnerable person, including emergency assistance, where—

(i)

the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)

the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(j)

acting to avoid injury, or illness or to escape a risk of harm, where—

(i)

the wearing of a face covering would materially impede the seeking of the assistance, or

(ii)

the assistance is emergency assistance and either the person does not have a face covering with them or there is not time to put one on,

(k)

unable to put on, wear or remove a face covering—

(i)

because of any physical or mental illness or impairment or disability (within the meaning of section 6 of the Equality Act 2010), or

(ii)

without severe distress,

(l)

communicating with a person who has difficulties communicating (in relation to speech, language or otherwise) and relies on lip reading or facial expression to be able to communicate,

(m)

eating or drinking,

(n)

taking part in exercise of a type which reasonably requires that the person is not wearing a face covering,

(o)

taking medication, the taking of which reasonably requires that the person is not wearing a face covering,

(p)

complying with a request by a relevant person or another person acting in the course of their duties, and in this sub-paragraph “relevant person” has the meaning given by regulation 25(10), or

(q)

undertaking food handling tasks, to avoid risk to the hygiene or safety of food arising from or in connection with the wearing of a face covering.