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 1Introduction, application and review

Interpretation5.

(1)

In these Regulations—

“alcohol” has the same meaning as in section 2 of the Licensing (Scotland) Act 20054,

“cafe” means an establishment whose primary business activity, in the ordinary course of its business, is the sale of non-alcoholic drinks, snacks or light meals, which may be consumed on the premises,

“child” means a person who is under 16 years of age, and “childcare” is to be construed accordingly,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 20125,
“emergency responder” has the meaning given by section 153A(6) of the Inheritance Tax Act 19846,

“extended household” means two households—

(a)

which have chosen to be treated as a single household for the purpose of—

  1. (i)

    these Regulations, or

  2. (ii)
    the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 20207, and

(b)

have not already chosen to be treated as a single household with any other household,

“face covering” means a covering of any type (other than a face shield) which covers a person’s nose and mouth,

“household” means—

(a)

one person living alone, or

(b)

a group of persons living together in the same place as a family or other unit (whether or not related) and who have the place as their only or main residence,

“indoors” means a place which would be considered to be wholly or substantially enclosed for the purposes of section 4(2) of the Smoking, Health and Social Care (Scotland) Act 20058 under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 20069, and “outdoors” is to be construed accordingly,

“passenger transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or sea,

“passenger transport service premises” means off-road premises where a passenger transport service may stop or terminate, allowing passengers on and off,

“a person who is responsible for carrying on a business”, and similar expressions, includes the owner, occupier and manager,

“premises” includes any building or structure and any land,

“private dwelling” means a caravan, houseboat or any building, or part of a building, used or intended to be used as a dwelling (including any garden or yard and any indoor passage or stair, outhouse or other structure of the dwelling) but does not include—

(a)

accommodation in a hotel, hostel, members club, boarding house or bed and breakfast,

(b)

accommodation provided by a care home service, within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 201010,

(c)

accommodation for children at a residential establishment, within the meaning of section 93(1) of the Children (Scotland) Act 199511,

(d)

school boarding accommodation, within the meaning of paragraph 10(5) of schedule 16 of the Coronavirus Act 202012,

(e)

accommodation intended for use by the army, navy or air force,

(f)

a prison,

(g)

a young offenders institution, within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 198913,

(h)

secure accommodation, within the meaning of section 108 of the Criminal Justice (Scotland) Act 201614, and

(i)

a remand centre, within the meaning of section 19(1)(a) of the Prisons (Scotland) Act 1989,

“public place” means a place to which the public, or a section of the public, has access whether on payment or otherwise, and

“student accommodation” has the meaning given in paragraph 11(5) of schedule 16 of the Coronavirus Act 2020.

(2)

For the purpose of these Regulations, unless the context otherwise requires, references to a household include an extended household.