Legislation – The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020

These Regulations (which come into force at 6.00 p.m. on 20 November 2020) amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the principal regulations”).

Regulation 3 amends the principal regulations to insert interpretative provision relevant to the amendments made by these Regulations.

Regulation 4 changes the restrictions and requirements which apply in the local authority areas listed in paragraph (2), by making them subject to level 4 restrictions and requirements. The restrictions and requirements applicable in relation to different levels are set out in schedules 1 to 5 of the principal regulations.

Regulation 5 amends the principal regulations to create travel restrictions in relation to Level 3 and 4 areas and also in relation to travel between Scotland and parts of the common travel area. Regulation 5(1) makes technical changes to regulation 3 of the principal regulations to ensure that the movement restrictions inserted by regulation 5(3) can take effect in the areas of Scotland which are subject to the appropriate level of restrictions. Regulation 5(1) also gives effect to new schedule 7A of the principal regulations (inserted by regulation 5(5)) which provides for restrictions on leaving Scotland for, or entering Scotland from, the common travel area.

Regulation 5(2) amends regulation 5(1) of the principal regulations to provide that a contravention of new schedule 7A is an offence.

Regulation 5(3) inserts Part 4 into schedule 4 of the principal regulations. Part 4 prohibits a person who lives in a Level 3 area from leaving or remaining away from that area and prohibits a person who does not live in a Level 3 area from entering or remaining in that area (“the Level 3 travel restrictions”). A contravention of the Level 3 travel restrictions will be an offence under regulation 5(1) of the principal regulations but it is a defence if a person can show that they had a reasonable excuse in the circumstances (regulation 5(4) of the principal regulations). Paragraph 15 of Part 4 provides a non-exhaustive list of examples of purposes for which a contravention of the Level 3 travel restrictions will constitute a reasonable excuse.

Regulation 5(4) inserts Part 4 into schedule 5 of the principal regulations. Part 4 prohibits a person who lives in a Level 4 area from leaving or remaining away from that area and prohibits a person who does not live in a Level 4 area from entering or remaining in that area (“the Level 4 travel restrictions”). A contravention of the Level 4 travel restrictions will be an offence under regulation 5(1) of the principal regulations but it is a defence if a person can show that they had a reasonable excuse in the circumstances (regulation 5(4) of the principal regulations). Paragraph 16 of Part 4 provides a non-exhaustive list of examples of purposes for which a contravention of the Level 4 travel restrictions will constitute a reasonable excuse.

Regulation 5(5) inserts schedule 7A into the principal regulations which creates restrictions on leaving Scotland for, or entering Scotland from, the common travel area. Paragraph 1 of schedule 7A prohibits a person who lives in Scotland from leaving Scotland to enter or remain in a place within the common travel area. Paragraph 2 of schedule 7A prohibits a person living in certain parts of the common travel area from entering or remaining in Scotland. A contravention of the schedule 7A travel restrictions will be an offence under regulation 5(1) of the principal regulations but it is a defence if a person can show that they had a reasonable excuse in the circumstances (regulation 5(4) of the principal regulations). Paragraph 3 of schedule 7A provides a non-exhaustive list of examples of purposes for which a contravention of the schedule 7A travel restrictions will constitute a reasonable excuse. Paragraph 4 lists the parts of the common travel area in respect of which the schedule 7A restrictions will apply.

Regulation 6 closes indoor attractions at visitor attractions in Level 4 areas.

Regulation 7 creates an exception to the closure of library services in Level 4 areas for libraries in colleges or universities, where those services are provided to a member of staff or a student of the college or university.

Regulation 8 removes spent provisions and re-states the current provisions.

Regulation 9 alters the numbers of persons/households permitted to gather outdoors in private dwelling settings (for example, gardens) in Level 1 areas.

Regulations 10 and 11 make changes in relation to public gatherings relevant to marriage ceremonies and civil partnership registrations in Level 4 areas.

A Business and Regulatory Impact Assessment and an Equality Impact Assessment have been prepared. Copies may be obtained online at www.legislation.gov.uk.