Coronavirus (Scotland) Act 2020

PART 1 — Main provisions

Key expression

Meaning of “coronavirus”

1

In this Act, “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Eviction from dwelling-houses

Eviction from dwelling-houses

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Protection for debtors

Temporary extension of moratoriums on diligence

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...

Children and vulnerable adults

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Justice

Justice

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Alcohol licensing

Alcohol licensing

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Public bodies

Functioning of public bodies

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Other measures in response to coronavirus

Other measures in response to coronavirus

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PART 2 — Supporting provisions

Advancement of equality and non-discrimination

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In exercising a function conferred by virtue of Part 1 (including a function of making subordinate legislation), the Scottish Ministers must have regard to opportunities to advance equality and non-discrimination.

Subordinate legislation making powers

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Any 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

11

• (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Act 2010 apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act.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—

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

• (b) may make transitional, transitory or saving provision.

• (5) Regulations under this section 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 13.

• (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, 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 transitional, transitory or saving provision in connection with the expiry under subsection (1) of any provision of this Act.

• (10) Regulations under subsection (9)—

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

• (b) 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 12 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—

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

• (b) may make transitional, transitory or saving provision.

• (3) Regulations under this section are subject to the negative procedure.

Power to amend Act in consequence of amendments to subordinate legislation

14

• (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.

Reports by the Scottish Ministers on 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, which and how)—

• (i) section 11 (regulations suspending or reviving provision),

• (ii) section 13 (regulations altering expiry date of provision),

• (iii) section 17(2) (regulations bringing provision into force).

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

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

• (b) each successive period of 2 months that ends during the period before Part 1 of this Act expires by virtue of section 12(1).

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

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) Without prejudice to section 6 of the Interpretation and Legislative Reform (Scotland) Act 2010, the Scottish Ministers may by regulations modify any regulations made under subsection (1) in consequence of—

• (a) the exercise of a power under section 11,

• (b) the expiry of a provision of this Act under section 12,

• (c) the exercise of a power under section 13.

• (3) Regulations under subsection (2) may make transitional, transitory or saving provision.

• (4) Regulations under this section—

• (a) may modify the effect of any enactment (including this Act),

• (b) are subject to the negative procedure.

Commencement

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• (1) This Act comes into force on the day after Royal Assent, subject to subsection (2).

• (2) Paragraph 11(1) of schedule 3 (and section 4 so far as it relates to that paragraph) comes into force on such day as the Scottish Ministers may by regulations appoint.

• (3) 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) Act 2020.

SCHEDULE 1

Private residential tenancies: eviction grounds to be discretionary

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Private residential tenancies: extension of notice periods

2

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Assured tenancies: eviction grounds to be discretionary

3

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Assured tenancies: extension of notice periods

4

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

5

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Tenancies under the Rent (Scotland) Act 1984: extension of notice periods

6

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Scottish secure tenancies: extension of notice periods

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Power to modify notice periods

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Consequential modifications in relation to prescribed forms

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Errors in notices

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SCHEDULE 2

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The Bankruptcy (Scotland) Act 2016 applies in accordance with the modifications in this schedule.

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3

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4

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SCHEDULE 3

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Requirements as to members of children’s hearings

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Child assessment and child protection orders

2

• (1) The Children's Hearings (Scotland) Act 2011 (“the 2011 Act”) applies in accordance with the modifications in sub-paragraphs (2) to (6).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The 2011 Act has effect as if sections 45 to 47 (review of child protection order at two working days) were repealed.

• (4) Section 48(3) (period within which application for variation or termination of child protection order may be made) has effect as if for paragraphs (a) and (b) there were substituted

within the period beginning on the day on which the order is made and ending on the seventh working day after— (a) where the child has been removed to a place of safety by virtue of an authorisation of the type mentioned in section 37(2)(b), the day on which the child was so removed, (b) in any other case, the day on which the order was made.

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• (5) Section 51 (determination of application under section 48) has effect as if—

• (a) in subsection (3) after “determined” there were inserted “ as soon as reasonably practicable and in any event ”,

• (b) subsection (4) were repealed.

• (6) Section 53(4) (power of Principal Reporter to terminate or vary child protection order) has effect as if paragraph (a), and the word “or” immediately following that paragraph, were repealed.

• (7) The modifications in sub-paragraphs (3) to (6) do not apply in relation to a child protection order (within the meaning of section 202 of the 2011 Act) made before the day on which those sub-paragraphs come into force.

Maximum period for which compulsory supervision order has effect

3

• (1) The Children's Hearings (Scotland) Act 2011 (“the 2011 Act”) applies in accordance with the modifications in sub-paragraphs (2) and (3).

• (2) Section 83 (meaning of “compulsory supervision order”) has effect as if—

• (a) in subsection (7), after paragraph (b) there were inserted—

(c) where the order has, by virtue of subsection (7A), not ceased to have effect under paragraph (a)(i) or (b)(i), whichever of the following first occurs— (i) the day 6 months after the day on which the order would, but for subsection (7A), have ceased to have effect, (ii) the day on which the child attains the age of 18 years.

,

• (b) after that subsection there were inserted—

(7A) An order is not to cease to have effect under subsection (7)(a)(i) or, as the case may be, (b)(i) if, at the time when the order would (but for this subsection) cease to have effect, a children's hearing to review the order— (a) has not been arranged under section 137(2), or (b) has been arranged under that section but a children's hearing has not yet made a decision under section 138(3) in relation to the review.

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• (3) Section 133 (Principal Reporter's duty to initiate review) has effect as if—

• (a) the existing text were subsection (1),

• (b) in that subsection—

• (i) in paragraph (a), for “the order will expire within” there were substituted “ the original expiry date of the order falls within the next ”,

• (ii) in paragraph (b), for “it expires” there were substituted “ the original expiry date ”,

• (c) after that subsection there were inserted—

(2) Where a compulsory supervision order would, but for section 83(7A), cease to have effect on the original expiry date, the Principal Reporter must initiate a review of the order as soon as practicable after the original expiry date (unless the order will otherwise be reviewed before the order ceases to have effect under section 83(7)(c)). (3) In this section, the “original expiry date” is the date on which the compulsory supervision order would, but for section 83(7A), cease to have effect.

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• (4) The modifications in sub-paragraphs (2) and (3) apply in relation to—

• (a) a compulsory supervision order which is in effect on the day before this paragraph comes into force, and

• (b) a compulsory supervision order made on or after the day on which this paragraph comes into force.

• (5) In sub-paragraph (4), “compulsory supervision order” has the meaning given by section 202 of the 2011 Act.

Maximum period for which interim compulsory supervision order or interim variation of compulsory supervision order has effect

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• (1) The Children's Hearings (Scotland) Act 2011 (“the 2011 Act”) applies in accordance with the modifications in sub-paragraphs (2) and (3).

• (2) Section 86(3) (period for which interim compulsory supervision order has effect) has effect as if—

• (a) in paragraph (d), for the words from “the period” to the end there were substituted

whichever is the longer of— (i) the period of 44 days beginning on the day on which the order is made, or (ii) where the order is made by a sheriff, such other period of days beginning on that day as the sheriff may specify,

,

• (b) in paragraph (e), for the words from “the period” to the end there were substituted

whichever is the longer of— (i) the period of 44 days beginning on the day on which the order is extended, or (ii) such other period of days beginning on that day as the sheriff may specify.

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• (3) Section 140(4) (period for which interim variation of compulsory supervision order has effect) has effect as if in paragraph (d) for the words from “the period” to the end there were substituted

whichever is the longer of— (i) the period of 44 days beginning on the day on which the order is varied, or (ii) where the order is made by a sheriff, such other period of days beginning on that day as the sheriff may specify.

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• (4) The—

• (a) modifications in sub-paragraph (2)—

• (i) do not apply in relation to interim compulsory supervision orders made or extended (or extended and varied) before the day on which that sub-paragraph comes into force,

• (ii) do apply in relation to interim compulsory supervision orders made before that day but extended (or extended or varied) on or after that day,

• (b) modification in sub-paragraph (3) does not apply in relation to interim variations of compulsory supervision orders where the variations were made before the day on which that sub-paragraph comes into force.

• (5) In sub-paragraph (4), “compulsory supervision order”, “interim compulsory supervision order” and “interim variation” have the meanings given by section 202 of the 2011 Act.

Period within which children’s hearing must be held in certain cases

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• (1) The Children's Hearings (Scotland) Act 2011 (“the 2011 Act”) applies in accordance with the modifications in sub-paragraphs (2) and (3).

• (2) Section 109(7) (period within which children's hearing must take place following making of interim compulsory supervision order specifying child reside at place of safety) has effect as if for “third day” there were substituted “ seventh day ”.