Coronavirus (Scotland) (No.2) Act 2020

PART 1 — Main provisions

Key expression

Meaning of “coronavirus”

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Protection of the individual

Protection of the individual

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Schedule 1 contains modifications to the law in response to coronavirus in relation to various matters concerning the protection of the individual.

Justice

Operation of the justice system

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Reports, accounts and other documents

Reports, accounts and other documents

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Other measures in response to coronavirus

Other measures in response to coronavirus

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PART 2 — Supporting and final provisions

Supporting provisions

Advancement of equality and non-discrimination

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• (1) In exercising a function conferred by virtue of Part 1 (including a function of making subordinate legislation), the Scottish Ministers must have regard—

• (a) to the importance of communicating in an inclusive way,

• (b) to opportunities to advance equality and non-discrimination.

• (2) In subsection (1)(a), “communicating in an inclusive way” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs.

• (3) Section 9 (advancement of equality and non-discrimination) of the Coronavirus (Scotland) Act 2020 is amended by subsections (4) to (6).

• (4) The existing text becomes subsection (1).

• (5) In that subsection, for “regard” substitute

regard— (a) to the importance of communicating in an inclusive way, (b)

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• (6) After that subsection insert—

(2) In subsection (1)(a), “communicating in an inclusive way” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs.

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Subordinate legislation making powers

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A power to make subordinate legislation conferred by virtue of Part 1 includes power to make—

• (a) incidental, supplementary, consequential, transitional, transitory or saving provision,

• (b) different provision for different purposes or areas.

Power to suspend and revive provisions

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• (1) The Scottish Ministers may by regulations—

• (a) suspend the operation of any provision of Part 1,

• (b) revive the operation of a provision so suspended.

• (2) Sections 15 to 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 (effect of repeals) apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act.

• (3) The powers in subsection (1) may be exercised more than once in relation to the same provision.

• (4) Regulations under this section may make—

• (a) different provision for different purposes or areas,

• (b) consequential provision,

• (c) transitional, transitory or saving provision.

• (5) The power under subsection (4)(b) and (c) includes power to modify any enactment (including this Act).

• (6) Regulations under this section—

• (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

• (b) otherwise, are subject to the negative procedure.

Expiry

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• (1) Part 1 expires at the end of 30 September 2022.

• (2) Subsection (1) is subject to section 10 (power to bring forward expiry).

• (3) The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “30 September 2022”.

• (5) Regulations under subsection (3) are subject to the affirmative procedure.

• (6) At the same time as laying a draft Scottish statutory instrument containing regulations under subsection (3) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (instruments subject to affirmative procedure), the Scottish Ministers must lay before the Parliament a statement of their reasons why the regulations should be made.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The Scottish Ministers may by regulations make—

• (a) consequential provision,

• (b) transitional, transitory or saving provision,

in connection with the expiry under subsection (1) of any provision of this Act.

• (10) Regulations under subsection (9) may—

• (a) make different provision for different purposes or areas,

• (b) modify any enactment (including this Act).

• (11) Regulations under subsection (9)—

• (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

• (b) otherwise, are subject to the negative procedure.

Power to bring forward expiry

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• (1) The Scottish Ministers may by regulations provide that any provision of Part 1—

• (a) does not expire at the time when it would otherwise expire (whether by virtue of section 9 or previous regulations under this section), and

• (b) expires instead at such earlier time as is specified in the regulations.

• (2) Regulations under this section may make—

• (a) different provision for different purposes or areas,

• (b) consequential provision,

• (c) transitional, transitory or saving provision.

• (3) The power under subsection (2)(b) and (c) includes power to modify any enactment (including this Act).

• (4) Regulations under this section—

• (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

• (b) otherwise, are subject to the negative procedure.

Power to amend Act in consequence of amendments to subordinate legislation

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• (1) The Scottish Ministers may by regulations modify any provision of this Act which modifies the effect of a provision of subordinate legislation.

• (2) The power in subsection (1) may be exercised only if the modification is necessary in consequence of the modification of the provision of the subordinate legislation by other subordinate legislation.

• (3) Regulations under subsection (1) may make transitional, transitory or saving provision.

• (4) Regulations under subsection (1) must be laid before the Scottish Parliament as soon as reasonably practicable after they have been made.

• (5) Regulations under subsection (1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, they are approved by resolution of the Scottish Parliament.

• (6) In calculating the period of 28 days for the purpose of subsection (5), no account is to be taken of any period during which the Scottish Parliament is—

• (a) in recess for more than 4 days, or

• (b) dissolved.

• (7) If regulations cease to have effect as a result of subsection (5), that does not—

• (a) affect the validity of anything previously done under them, or

• (b) prevent the making of new regulations.

Reporting requirements

Reports by the Scottish Ministers on the status of provisions

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• (1) The Scottish Ministers must, in respect of each reporting period—

• (a) undertake a review of the operation of the provisions of Part 1 with a view to considering whether those provisions remain necessary, and

• (b) prepare a report on that review.

• (2) A report prepared under subsection (1) must—

• (a) set out how any powers conferred by the provisions of Part 1 have been exercised, and

• (b) include—

• (i) the status of the provisions of Part 1 (whether or not any power under a provision has been exercised), and

• (ii) a statement that the Scottish Ministers are satisfied that the status of those provisions is appropriate.

• (3) The references in subsection (2) to the “status” of a provision are to—

• (a) whether the provision is in force at the end of the reporting period, and

• (b) whether any power under the following provisions has been exercised by the Scottish Ministers in relation to it during that period (and, if so, how)—

• (i) section 8 (power to suspend and revive provisions),

• (ii) section 10 (power to bring forward expiry).

• (4) Each of the following is a “reporting period”—

• (a) the period beginning with the day after Royal Assent and ending on 31 July 2020,

• (b) each successive period of 2 months that ends during the period before Part 1 expires by virtue of section 9(1).

• (5) The Scottish Ministers must lay each report under subsection (1) before the Scottish Parliament no later than 14 days after the expiry of a reporting period.

Reviews: information about domestic abuse

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• (1) The Scottish Ministers must—

• (a) in undertaking a review under section 12(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by—

• (i) the Scottish Police Authority, or

• (ii) the chief constable of the Police Service of Scotland, and

• (b) explain in the report on that review prepared under section 12(1)(b) how the information was taken account of.

• (2) The Coronavirus (Scotland) Act 2020 is amended by subsection (3).

• (3) After section 15 (reports by the Scottish Ministers on status of provisions), insert—

(15A) (1) The Scottish Ministers must— (a) in undertaking a review under section 15(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by— (i) the Scottish Police Authority, or (ii) the chief constable of the Police Service of Scotland, and (b) explain in the report on that review prepared under section 15(1)(b) how the information was taken account of. (2) In subsection (1)(a), “reporting period” means a period mentioned in section 15(4)(b).

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Reports by the Scottish Ministers on coronavirus-related instruments

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• (1) The Scottish Ministers must, in respect of each reporting period—

• (a) undertake a review of all Scottish statutory instruments (other than excepted instruments)—

• (i) made by them, and

• (ii) the main purpose of which is to make provision for a reason relating to coronavirus, and

• (b) prepare a report on that review.

• (2) A report prepared under subsection (1) must, in relation to each instrument—

• (a) set out—

• (i) its title,

• (ii) the powers under which it was made,

• (iii) the parliamentary procedure to which it was subject, and

• (iv) the period for which it has effect,

• (b) include—

• (i) its status, and

• (ii) a statement that the Scottish Ministers are satisfied that its status is appropriate.

• (3) The references in subsection (2)(b) to the “status” of an instrument are to whether the provision made by the instrument is in force at the end of the reporting period.

• (4) Each of the following is a “reporting period”—

• (a) the period beginning with the day after Royal Assent and ending on 31 July 2020,

• (b) each successive period of 2 months that ends during the period before Part 1 expires by virtue of section 9(1).

• (5) The Scottish Ministers must lay each report under subsection (1) before the Scottish Parliament no later than 14 days after the expiry of a reporting period.

• (6) In subsection (1)(a), “excepted instruments” means Scottish statutory instruments containing provision made under a power conferred by virtue of—

• (a) this Act,

• (b) the Coronavirus (Scotland) Act 2020, or

• (c) the Coronavirus Act 2020.

General

Ancillary provision

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• (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.

• (2) Regulations under subsection (1) may modify any enactment (including this Act).

• (3) Without prejudice to section 6 of the Interpretation and Legislative Reform (Scotland) Act 2010 (power to revoke, amend and re-enact), the Scottish Ministers may by regulations modify any regulations made under subsection (1) in consequence of—

• (a) the exercise of a power under section 8 (power to suspend and revive provisions),

• (b) the expiry of a provision of this Act under section 9 (expiry),

• (c) the exercise of a power under section 10 (power to bring forward expiry).

• (4) Regulations under subsection (3) may make transitional, transitory or saving provision.

• (5) Regulations under this section—

• (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

• (b) otherwise, are subject to the negative procedure.

Commencement

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• (1) This Act comes into force on the day after Royal Assent.

• (2) The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Short title

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The short title of this Act is the Coronavirus (Scotland) (No.2) Act 2020.

SCHEDULE 1

PART 1 — Student residential tenancy: termination by tenant

Interpretation of this Part

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Tenant’s ability to bring tenancy to an end

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Requirements for notice to be given by tenant

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PART 2 — Tenancies: pre-action requirements for order for possession or eviction order on ground of rent arrears

Assured and short assured tenancy

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Private residential tenancy

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PART 3 — Carer's allowance supplement

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PART 4 — Social care staff support fund

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• (1) The Scottish Ministers must, as soon as practicable after Royal Assent, establish and maintain a fund to be known as the “social care staff support fund”.

• (2) The Scottish Ministers must use the fund to provide financial assistance to workers in the social care sector—

• (a) whose ability to undertake contracted health and care work is, or has been, restricted, for a reason relating to coronavirus (such as, but not limited to, inability to work in multiple or linked workplaces), and

• (b) as a result of that restriction, whose income is reduced and consequently would experience, or are experiencing, financial hardship during the period when Part 1 is in force.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In sub-paragraph (2), the “social care sector” includes any care service within the meaning given in section 47 of the Public Services Reform (Scotland) Act 2010.

PART 5 — Bankruptcy

Electronic service of documents

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Financial criteria for minimal asset process

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Meaning of “qualified creditor”

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Deadline for sending proposals for debtor’s contribution

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Virtual meetings of creditors

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Electronic signature of forms

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Fees for debtor applications

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PART 6 — Mental health: named person nomination

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PART 7 — Care homes

Emergency directions

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Emergency intervention orders

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PART 8 — Powers to purchase care home services and care at home providers

Power of local authority to purchase distressed care home or care at home service provider

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Power of health body to purchase distressed care home service provider

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Circumstances in which powers under this Part may be exercised

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Interpretation

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