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Coronavirus (Recovery and Reform) (Scotland) Act 2022

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Part 1 — Public health protection

Chapter 1 — Modifications of the Public Health etc. (Scotland) Act 2008

Public health protection measures

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(86A) (1) The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere). (2) In subsection (1)— (a) reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health, (b) reference to the spread of contamination includes a reference to the spread of any source of contamination. (3) The power in subsection (1) may be exercised— (a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and (b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to particular circumstances. (4) Regulations under subsection (1) may in particular include provision directly or indirectly imposing restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health (but see sections 86D and 86E). (5) The restrictions or requirements mentioned in subsection (4) include, for example— (a) a requirement that a pupil (within the meaning given by section 135(1) of the Education (Scotland) Act 1980) is to be kept away from school, (b) a prohibition or restriction relating to the holding of an event or gathering, (c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and (d) a special restriction or requirement (see section 86G). (86B) (1) Regulations under section 86A(1) which are responding to a particular infection or contamination may be made only when a public health declaration under this section has effect. (2) A public health declaration means a declaration by the Scottish Ministers that they consider that— (a) an infectious disease or contaminant constitutes or may constitute a danger to human health, and (b) the making of regulations under section 86A(1) may be a way of protecting against that danger. (3) Before making a public health declaration, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or another person designated for the purposes of this section by the Scottish Ministers. (4) A public health declaration has effect if— (a) it is made by the Scottish Ministers, (b) either— (i) it is approved in accordance with subsection (6), or (ii) a statement under section 86C(1) is made, and (c) it has not ceased to have effect in accordance with subsection (10). (5) The Scottish Ministers must publish a public health declaration in such manner as they consider appropriate. (6) A public health declaration is approved if— (a) the Scottish Ministers lay a copy of the declaration before the Scottish Parliament, (b) a member of the Scottish Government lodges a motion that the declaration be approved, and (c) the Parliament agrees to the motion. (7) A motion under subsection (6)(b) may not be amended. (8) The Scottish Ministers must publish notice of the approval of a public health declaration and the time at which the declaration has effect, in such manner as they consider appropriate. (9) If, during the period that a public health declaration has effect, the Scottish Ministers consider that paragraphs (a) and (b) of subsection (2) no longer apply, they must— (a) revoke the declaration, (b) lay notice of revocation before the Scottish Parliament, and (c) publish notice of revocation in such manner as the Scottish Ministers consider appropriate. (10) A public health declaration ceases to have effect immediately after it is revoked. (11) A public health declaration’s ceasing to have effect neither— (a) affects anything done before the declaration ceased to have effect, nor (b) prevents the making of regulations revoking regulations made during the period that the declaration had effect. (86C) (1) If the Scottish Ministers consider that it is not practicable for a public health declaration to be approved in accordance with section 86B(6), they may make a statement explaining why. (2) An example of when it may not be practicable for a public health declaration to be approved in accordance with section 86B(6) is if the Scottish Parliament is dissolved. (3) When a statement under subsection (1) is made, the Scottish Ministers must— (a) lay a copy of the public health declaration and the statement before the Scottish Parliament, and (b) publish the statement in such manner as they consider appropriate. (4) If a statement under subsection (1) is made— (a) the public health declaration has effect immediately after the declaration is made, and (b) the declaration ceases to have effect at the end of the period of 28 days beginning with the day on which it is made unless before the end of that period it is approved by the Scottish Parliament on a motion by a member of the Scottish Government (if it has not already ceased to have effect under subsection (5)). (5) If, on any day during that period of 28 days, the Parliament comes to a decision not to approve the public health declaration, the declaration ceases to have effect immediately after the decision is made. (6) In calculating the period of 28 days mentioned in subsections (4) and (5), no account is to be taken of any time during which the Scottish Parliament is— (a) in recess for more than 4 days, or (b) dissolved. (7) A motion under subsection (4)(b) may not be amended. (86D) (1) Regulations under section 86A(1) may not impose a restriction or requirement by virtue of section 86A(4) unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (2) Regulations under section 86A(1) may not impose a restriction or requirement mentioned in section 86G(2)(a), (b), (c) or (d). (3) For the purpose of this section, the regulations “impose” a restriction or requirement if the restriction or requirement is imposed directly by the regulations. (86E) (1) Regulations under section 86A(1) may not enable the imposition of a restriction or requirement by virtue of section 86A(4) unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. (2) Regulations under section 86A(1) may not enable the imposition of a special restriction or requirement unless— (a) the regulations are made in response to a serious and imminent threat to public health, or (b) the imposition of the special restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed. (3) For the purpose of this section, the regulations “enable the imposition of” a restriction or requirement if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Scottish Ministers, a local authority, a health board or other person. (86F) (1) Regulations under section 86A(1) may not include provision requiring a person to undergo medical treatment. (2) “Medical treatment” includes vaccination and other prophylactic treatment. (86G) (1) In this Part, a “special restriction or requirement” means a restriction or requirement mentioned in subsections (2) to (5). (2) In relation to a person, the restriction or requirement referred to in subsection (1) is that the person— (a) submit to medical examination, (b) be removed to a hospital or other suitable establishment, (c) be detained in a hospital or other suitable establishment, (d) be kept in quarantine (within the meaning of section 39(4)), (e) be disinfected or decontaminated, (f) wear protective clothing, (g) provide information or answer questions about the person’s health or other circumstances, (h) has the person’s health monitored and the results reported, (i) attend training or advice sessions on how to reduce the risk of infecting or contaminating others, (j) be subject to restrictions as to where the person may go or with whom the person has contact, (k) abstain from working or trading. (3) Where regulations enable the imposition of a requirement to submit to medical examination, section 35 applies to that examination in the same way as it applies to an examination authorised by virtue of an order under section 34(1). (4) In relation to a thing, the restriction or requirement referred to in subsection (1) is— (a) that the thing be seized or detained, (b) that the thing be kept in quarantine, (c) that the thing be disinfected or decontaminated, (d) that the vector, agent or source of any infection or contamination be removed, (e) in the case of a dead body, that the body be buried or cremated, (f) in any other case, that the thing be destroyed or disposed of. (5) In relation to premises, the restriction or requirement referred to in subsection (1) is— (a) that the premises be closed, (b) that, in the case of a vehicle or movable structure, the premises be detained, (c) that the premises be disinfected or decontaminated, (d) that the vector, agent or source of any infection or contamination be removed, (e) that, in the case of a building, structure, mobile home or vehicle, the premises be destroyed. (86H) (1) This section makes further provision about regulations under section 86A(1). (2) The regulations may— (a) confer functions on local authorities, health boards and other persons, (b) make different provision for different areas, (c) create offences, (d) modify any enactment (including this Act), (e) enable a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances, (f) provide for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations, (g) provide for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations, (h) permit or prohibit the levying of charges, (i) permit or require the payment of incentive payments and expenses, (j) permit the payment of compensation, (k) provide for the resolution of disputes. (3) The maximum penalties that may be imposed in relation to offences created under the regulations are— (a) on summary conviction, imprisonment for a period not exceeding 12 months or a fine not exceeding the statutory maximum (or both), (b) on conviction on indictment, imprisonment for a period not exceeding two years or a fine (or both). (4) The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises. (86I) (1) So long as regulations under section 86A(1) which make provision mentioned in section 86A(4) remain in effect, the Scottish Ministers must review the regulations— (a) before the end of the period of 21 days beginning with the date on which the regulations came into force, and (b) before the end of each subsequent period of 21 days. (2) Subsection (1) does not apply where the regulations make only provision of a general nature or contingent provision. (3) Subsection (4) applies where regulations under section 86A(1)— (a) enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations, and (b) the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period. (4) The regulations must provide that a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations. (5) In relation to a special restriction or requirement mentioned in section 86G(2)(c) or (d)— (a) the period specified by virtue of subsection (3)(b) and the intervals specified by virtue of subsection (4) must be 21 days or less, and (b) the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made. (6) In this section, “specified” means specified in the regulations. (86J) The Scottish Ministers may by regulations make provision conferring on local authorities, health boards or other persons functions in relation to the monitoring of public health risks.

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(11) Subsection (6) does not apply to regulations under section 86A(1) which make provision modifying an Act of the Scottish Parliament or an Act of Parliament. (12) Where subsection (6) applies to regulations made under section 86A(1)— (a) the Scottish Ministers must explain why they consider that the regulations need to be made urgently, and (b) the regulations must include provision for them to expire on a day specified in the regulations. (13) Subsection (12)(b) does not apply where the regulations amend regulations in which the provision mentioned in subsection (12)(b) has already been included.

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International travel regulations

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(iv) kept in quarantine,

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(ia) enabling a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances, (ib) providing for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations, (ic) providing for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations, (id) permitting or requiring the payment of incentive payments or expenses, (ie) permitting the payment of compensation, (if) providing for the resolution of disputes,

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(2A) Regulations under subsection (1) may not include provision requiring persons to undergo medical treatment. (2B) In subsection (2A), “medical treatment” includes vaccination and other prophylactic treatment.

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Meaning of “premises”

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(zi) a tent or other moveable structure,

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(iii) an offshore installation (within the meaning given by regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (S.I. 1995/738)).

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Chapter 2 — Arrangements for vaccination and immunisation

Arrangements for vaccination and immunisation

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(1) The Scottish Ministers may make arrangements for the vaccination or immunisation of persons against any disease.

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(g) the power of the Scottish Ministers under section 40 to make arrangements for the vaccination or immunisation of persons against any disease and to supply vaccines, sera or other preparations for such vaccination or immunisation;

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Part 2 — Education

Chapter 1 — Educational establishments etc.

Interpretation of Chapter

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Duty to have regard to public health advice

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Guidance on public health measures

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Regulations on continuing operation of educational establishments

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Regulations on school boarding accommodation

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Regulations on student accommodation

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Compliance and enforcement

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Procedure for regulations

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the Scottish statutory instrument containing the regulations must be laid before the Scottish Parliament as soon as practicable after they are made (and subsection (3)(b) and (c) do not apply to the regulations).

Regulations: public health declarations

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Regulations: further provision about public health declarations

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Review of regulations

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So long as regulations under this Chapter remain in effect, the Scottish Ministers must review the regulations—

Duty to seek views about regulations

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Report on public schools’ readiness for remote learning

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Chapter 2 — School consultations

School consultations: meetings and documents

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(11ZA) (1) The Scottish Ministers may, on the application of an education authority, give a direction that the education authority is to take one or more of the actions mentioned in subsection (2). (2) Those actions are— (a) to disregard the duty under section 4(4)(a) and 9(3)(a) to publish things in printed form, (b) to treat the duty under sections 4(4)(b) and 9(3)(b) to make things available for inspection in a place as a duty to make things available in such manner as the education authority considers appropriate instead, (c) to meet the duty under section 7(1) to hold a public meeting in a place by holding a meeting using remote facilities instead. (3) A direction may be given under this section only if the Scottish Ministers are satisfied that giving the direction is a necessary and proportionate action for or in connection with the protection of public health. (4) A direction given under this section may vary or revoke an earlier direction. (5) A direction under this section— (a) may be varied or revoked, (b) may relate to one or more relevant proposals, (c) may be given subject to such conditions as may be specified in the direction. (6) A direction given under this section must be published in such manner as the Scottish Ministers consider appropriate. (7) In this section— - “protection of public health” is to be construed in accordance with section 1(5) of the Public Health etc. (Scotland) Act 2008, - “remote facilities” means any equipment or facility which— enables persons who are not in the same place to participate in the meeting, and enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

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Part 3 — Public service reform

Bankruptcy

Bankruptcy: service of documents

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(224A) (1) Where a provision of this Act or of any regulations made under it authorises or requires a document to be served on a person (whether the expression “serve”, “give”, “send” or any other expression is used), the document may be served on the person— (a) by being delivered personally to the person, (b) by being sent to the proper address of the person— (i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or (ii) by a postal service which provides for the delivery of the document to be recorded, or (c) by being transmitted to the person electronically. (2) For the purpose of subsection (1)(b), the proper address of a person is— (a) in the case of a body corporate, the address of the registered or principal office of the body, (b) in the case of a partnership, the address of the principal office of the partnership, (c) in any other case, the last known address of the person. (3) Where a document is served as mentioned in subsection (1)(b) on an address in the United Kingdom it is to be taken to have been received 48 hours after it is sent unless the contrary is shown. (4) For the purpose of subsection (1)(c)— (a) electronic transmission of a document must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document, (b) the recipient’s indication of willingness to receive a document in a particular way may be— (i) specific to the document in question or generally applicable to documents of that kind, (ii) expressed specifically to the sender or generally (for example on a website), (iii) inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again, (c) the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document, where the recipient is sent a notification that the document has been uploaded in that way, (d) a notice transmitted electronically is taken to have been received on the day of transmission unless the contrary is shown. (5) This section does not apply where some other form of delivery is required by rules of court or by order of the court.

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Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

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Bankruptcy: remote meetings of creditors

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(13) Every meeting must be held either— (a) in such place (whether or not in the sheriffdom) as is, in the opinion of the person calling the meeting, the most convenient for the majority of the creditors, or (b) by such electronic means as would, in the opinion of the person calling the meeting, be most convenient to allow the majority of the creditors to participate in the meeting without being together in the same place. (13A) Where a meeting is to be held in pursuance of paragraph 13(b), the references in paragraphs 4 and 6 to the place fixed for the holding of the meeting are to be read as references to the electronic means by which attendees are to be able to attend the meeting without being together in the same place.

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Diligence

Bank arrestments: protected minimum balance

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(aa) vary the protected minimum sum mentioned in subsection (3)(a), and

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Period of moratorium on diligence

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Power to amend period of moratorium on diligence

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(9) The Scottish Ministers may by regulations modify this section so as to vary any of the periods specified in subsections (1)(b)(i), (3), (5), (6)(b) or (7).

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Registration of births

Giving information of particulars of birth remotely

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(b) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the registrar, or (c) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the Registrar General.

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(1B) A person has not discharged the duty under subsection (1) in relation to a birth until the birth registration form containing the information given by the person of the prescribed particulars concerning the birth is attested by, or on behalf of, the person. (1C) References in this section to a birth registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (1D) Where there is a way for— (a) a person (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or (b) a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

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(14A) (1) A direction under section 14(1A)(b) may only permit information to be given in a manner approved by the Registrar General. (2) A direction under section 14(1A)(c) may not make different provision for different areas. (3) A power to issue a direction under section 14(1A) includes the power to revise or revoke an earlier direction issued under the power. (4) Directions under section 14(1A) must be made publicly available. (5) There is no duty to issue any direction under section 14(1A)(b) or (c).

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(i) by attending personally at the registration office for that district and giving the information to the registrar there; or (ii) in a manner permitted in the circumstances (or any circumstances) by a direction under section 14(1A)(b) or (c)

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(c) to either— (i) attest, in the prescribed manner, the birth registration form concerning the birth in the presence of the registrar; or (ii) provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.

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(3A) Where there is a way for— (a) a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or (b) a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

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(4) References in this section to a birth registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (5) Where— (a) a person is required by this section to attest a birth registration form, and (b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar, it is for the person to choose whether to attest the form that way.

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(4) References in this section to a birth registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (5) Where— (a) a person is required by this section to attest a birth registration form, and (b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar, it is for the person to choose whether to attest the form that way.

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(21A) In this Part, references to a birth registration form are to the prescribed form in which— (a) a person gives a district registrar information of the prescribed particulars concerning a birth, or (b) a district registrar records information of the prescribed particulars concerning a birth.

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Registration of deaths

Funeral director giving information of particulars of death

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(1ZA) The duty to give information concerning a death imposed by subsection (1) is discharged in relation to every person upon whom the duty is imposed if the funeral director responsible for arranging the deceased’s funeral gives the information to the district registrar for a registration district on behalf of any of those persons. (1ZB) In subsection (1ZA), “funeral director” has the meaning given by section 31(1) of the Certification of Death (Scotland) Act 2011.

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Giving information of particulars of death remotely

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(b) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the registrar, or (c) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the Registrar General.

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(1B) A person has not discharged the duty under subsection (1) by giving information to a district registrar until the death registration form containing the information is attested by, or on behalf of, the person. (1C) References in this section to a death registration form being attested— (a) by a person are to the person attesting the form— (i) in the prescribed manner in the presence of the district registrar, or (ii) in a manner approved by the Registrar General, (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests). (1D) Where there is a way for— (a) a person (“the informant”) to give information of the prescribed particulars concerning a death that does not entail the informant attending personally at a registration office, or (b) a death registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

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(23A) (1) A direction under section 23(1A)(b) may only permit information to be given in a manner approved by the Registrar General. (2) A direction under section 23(1A)(c) may not make different provision for different areas. (3) A power to issue a direction under section 23(1A) includes the power to revise or revoke an earlier direction issued under the power. (4) Directions under section 23(1A) must be made publicly available. (5) There is no duty to issue any direction under section 23(1A)(b) or (c).

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(i) by attending personally at the registration office for that district and giving the information to the registrar there; or (ii) in a manner permitted in the circumstances (or any circumstances) by a direction under section 23(1A)(b) or (c)

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(c) to either— (i) attest, in the prescribed manner, the death registration form concerning the death in the presence of the registrar; or (ii) provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.

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(3A) Where there is a way for— (a) a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the particulars required to be registered concerning a death that does not entail the informant attending personally at a registration office, or (b) a death registration form to be attested that does not entail the informant attesting it in the presence of a district registrar, it is for the informant to choose whether to give the information, or attest the form, that way.

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(28ZA) In this Part, references to a death registration form are to the prescribed form in which— (a) a person gives a district registrar information of the prescribed particulars concerning a death, or (b) a district registrar records information of the prescribed particulars concerning a death.

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Further modification of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

Regulations under the 1965 Act

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Civil Partnership Register

Power to make a register electronic

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(3ZA) A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.

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Civic licensing

Civic licensing: how hearings may be held

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(18B) (1) A licensing authority may determine that a hearing is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (2) When determining how a hearing is to be held, a licensing authority must take account of any views given on that issue by any person who notifies the authority of an intention to participate in the hearing. (3) In sub-paragraph (1), “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the hearing, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

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(24B) (1) A local authority may determine that a hearing is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (2) When determining how a hearing is to be held, a local authority must take account of any views given on that issue by any person who notifies the authority of an intention to participate in the hearing. (3) In sub-paragraph (1), “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the hearing, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

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Civic licensing: how notices may be published

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Alcohol licensing

Alcohol licensing: how hearings may be held

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(133A) (1) A Licensing Board may determine that a hearing is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (2) When determining how a hearing is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the hearing. (3) In subsection (1), “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the hearing, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

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(A1) A Licensing Board may determine that a meeting is to be held— (a) in person, (b) wholly through the use of remote facilities, or (c) partly in person and partly through the use of remote facilities. (A2) When determining how a meeting is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the meeting.

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(2A) Where a meeting is held wholly or partly through the use of remote facilities, a Licensing Board complies with the requirement mentioned in sub-paragraph (2) by enabling the public to observe the meeting through the use of remote facilities (for example, by making a web link to the meeting publicly available).

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(7) In this paragraph, “remote facilities” means any equipment or facility which— (a) enables persons who are not in the same place to participate in the meeting, and (b) enables those persons to speak to and be heard by each other (whether or not it enables those person to see and be seen by each other).

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Land registration

Electronic submission of copies of deeds and writs to Registers of Scotland

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(5) For the purposes of this section, submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration. (6) But subsection (5) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper’s website as being acceptable. (7) In subsection (5), the reference to submission by electronic means is to submission— (a) by means of an electronic communications network (for example as an attachment to an email), or (b) by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible. (8) In this section— - “electronic communications network” has the meaning given by section 32 of the Communications Act 2003, - “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

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(6) For the purposes of this section, submission by electronic means of a copy of the writ is sufficient evidence of the original for the purposes of accepting an application. (7) But subsection (6) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper’s website as being acceptable. (8) In subsection (6), the reference to submission by electronic means is to submission— (a) by means of an electronic communications network (for example as an attachment to an email), or (b) by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible. (9) In this section— - “electronic communications network” has the meaning given by section 32 of the Communications Act 2003, - “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

.

Register of Inhibitions: electronic signature of documents

34

(148A) (1) This section applies in relation to a document which is required or permitted to be registered or recorded in the Register of Inhibitions. (2) An electronic signature fulfils any requirement (however expressed) that the document be signed in order to be registered or recorded in the Register. (3) Any requirement (however expressed) that the document be given to the Keeper in order to be registered or recorded in the Register may be fulfilled by transmitting it to the Keeper electronically. (4) For the purposes of subsection (3), the document must be transmitted by a means (and in a form) which is specified on the Keeper’s website as being acceptable for those purposes. (5) In this section— - “document” includes a copy of a document, - “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document, - “the Keeper” means the Keeper of the Registers of Scotland, - “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

.

Legal aid and advice

Claim for interim payment of fees and outlays

35

(ad) such sums as are, by virtue of section 33ZB of this Act, due out of the Fund to a solicitor or counsel in connection with the provision of legal aid or advice and assistance;

,

(ae) any sums payable to the Board by a solicitor or counsel by virtue of section 33ZC of this Act;

.

(3BA) But subsection (3B) does not preclude a solicitor from being paid out of the Fund under section 4(2)(ad) following a claim for interim payment made under section 33ZB in respect of the professional services and outlays mentioned in subsection (3A).

,

(6) Where a sum is paid out of the Fund under section 4(2)(ad) in connection with the provision of legal aid or advice and assistance, that sum must be deducted from the sum payable to the solicitor or counsel under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance.

.

(33ZB) (1) A claim for interim payment may be submitted to the Board by— (a) a solicitor who is acting for a person by providing legal aid or advice and assistance under this Act, (b) counsel who is acting for a person by providing legal aid under this Act. (2) A claim for interim payment must— (a) be submitted in the manner specified by the Board, (b) include a declaration from the solicitor or (as the case may be) counsel that the sum claimed does not exceed the sum that the solicitor or counsel would expect to be paid under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance. (3) If a claim for interim payment is submitted to the Board, the sum claimed must be paid out of the Fund in accordance with section 4(2)(ad) to the solicitor or counsel who submitted the claim. (4) But the Board may reject the claim if it appears to it that the sum claimed is likely to exceed the sum it would expect to be payable to the solicitor or counsel under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance. (5) In forming an expectation about the sum payable under section 4(2)(a), for the purposes of subsections (2) and (4), no account is to be taken of the deduction that would be made under section 33(6) if the claim for interim payment were met. (33ZC) (1) This section applies where— (a) a sum has been paid out of the Fund under section 4(2)(ad) to a solicitor or counsel while providing legal aid or advice and assistance, and (b) the solicitor or counsel is no longer providing the legal aid or advice and assistance. (2) Where the sum paid out of the Fund exceeds the sum that would, but for section 33(6), be payable under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance, the solicitor or (as the case may be) counsel is liable to the Board for the difference between the sums. (3) A firm is jointly and severally liable for a sum owed by a solicitor to the Board by virtue of subsection (2) if the interim payment referred to in that subsection was made to the firm on the solicitor’s instruction. (4) Where— (a) a firm is jointly and severally liable to the Board for a sum by virtue of subsection (3), and (b) a separate sum is due to be paid out of the Fund to the firm, on the instruction of a solicitor, the Board may deduct all or part of the sum mentioned in paragraph (a) from the sum mentioned in paragraph (b). (5) This section is without prejudice to any other enactment or rule of law under which the difference between the sums mentioned in subsection (2) may be recovered.

.

Freedom of information

Freedom of information: giving notice electronically

36

(iii) transmitted by electronic means,

.

Mental health

Mental health: removal of need for witnessing of signature of nominated person

37

Care services

Care services: giving of notices by SCSWIS

38

(101) (1) In Chapters 3 and 4, any reference to a notice being given to a person providing, or seeking to provide, a care service is to be construed as a reference to its being— (a) delivered, where the person is— (i) an individual, to that individual, (ii) a body corporate, to a director, secretary or other similar officer of that body or to a manager (or other similar officer) of the care service provided by that body, (iii) a firm, to a partner of that firm, (b) sent by post, properly addressed to the person— (i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or (ii) by a postal service which provides for the delivery of the document to be recorded, or (c) transmitted to the person electronically. (2) In subsection (1)(a)(ii), “manager”, in relation to a care service provided by a body corporate, means the manager whose name is entered in the register maintained under regulation 5 of the Social Care and Social Work Improvement Scotland (Registration) Regulations 2011 (S.S.I. 2011/28) in relation to the care service. (3) For the purpose of subsection (1)(b)— (a) a letter is properly addressed to— (i) a body corporate, if addressed to the body at its registered or principal office, (ii) a firm, if addressed to the firm at its principal office, (iii) any other person, if addressed to the person at the address last known, (b) a notice sent by post is to be taken to have been received on the third day after the day of posting unless the contrary is shown. (4) For the purpose of subsection (1)(c)— (a) electronic transmission of a notice must be effected in a way that the person has indicated to SCSWIS that the person is willing to receive the notice, (b) the person’s willingness to receive a notice in a particular way may be— (i) specific to the notice in question or generally applicable to notices or other documents of that kind, (ii) expressed specifically to SCSWIS or generally (for example on a website), (iii) inferred from the person having previously been willing to receive notices or other documents from SCSWIS in that way and not having indicated an unwillingness to do so again, (c) SCSWIS’ uploading of a notice to an electronic storage system from which the person is able to download the notice may constitute electronic transmission of the notice from SCSWIS to the person, where the person is sent a notification that the notice has been uploaded in that way, (d) a notice transmitted electronically is to be taken to have been received on the day of transmission unless the contrary is shown.

.

Requirements of writing

Disapplication of physical presence requirements

39

(10A) (1) The following requirements (however expressed) do not apply— (a) a requirement for a relevant person to be physically in the same place as another person when that person— (i) signs or subscribes a document or an alteration of a document, (ii) takes an oath, or (iii) makes an affirmation or declaration, (b) a requirement for another person to be physically in the same place as a relevant person when the relevant person signs or subscribes a document or an alteration of a document. (2) In this section— - “relevant person” means— a solicitor, an advocate, a notary public, - “requirement” means a requirement arising from an enactment or rule of law. (3) For the avoidance of doubt— (a) the requirements described by subsection (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but (b) subsection (1) only causes such a requirement not to apply in relation to a professional of a type that is mentioned in the definition of “relevant person.

.

Custody at police stations

Custody officers’ functions

40

(ba) the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;

,

(a) on any premises in which a court of summary jurisdiction is sitting; or (b) in a police station and has the custody of a prisoner who is, from the station, before a court of summary jurisdiction by electronic means, the officer

.

(ba) to have custody of persons held in legal custody in a police station for the purpose of effecting their production, by electronic means from the station, before a court,

.

(3) A person who is at a police station in the custody of a prisoner custody officer is not to be regarded as having been transferred into the custody of that officer for the purposes of subsection (2)(cb). (4) In subsection (3), “prisoner custody officer” has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994.

.

Parole Board for Scotland

Chairperson’s functions

41

(2K) (1) A function conferred on the chairperson of the Parole Board may be exercised by another member of the Parole Board in accordance with the scheme prepared under sub-paragraph (3). (2) Another member’s being authorised by the scheme to exercise one of the chairperson’s functions does not preclude the chairperson from exercising that function. (3) The chairperson must prepare a scheme that authorises another member, or members, to exercise the functions conferred on the chairperson. (4) The scheme— (a) must be framed so that a member is, or a combination of members are, authorised to discharge all of the chairperson’s functions in the following circumstances— (i) there is no chairperson, (ii) the chairperson is unable to exercise the functions for any reason (for example due to ill health), and (b) may be framed so that, outwith those circumstances, other members are authorised to discharge any, or all, of the chairperson’s functions either at any time or in circumstances specified by the scheme. (5) The chairperson may modify the scheme at any time. (6) The Parole Board must make the scheme publicly available. (7) Only the chairperson may prepare and modify the scheme; accordingly, the references to the chairperson’s functions elsewhere in this paragraph do not include the functions of preparing and modifying the scheme.

.

Children’s hearings

Members of children’s hearings

42

Part 4 — Tenancies

Removal of mandatory eviction grounds

Private residential tenancies: discretionary eviction grounds

43

(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(d) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(d) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(b) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.

,

(b) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.

,

(d) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.

,

(ba) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact, and

.

Assured tenancies: discretionary eviction grounds

44

(e) that it is reasonable to make an order for possession.

.

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

45

(b) the First-tier Tribunal does not consider it reasonable to allow recovery in accordance with the said Case 15,

,

Pre-action protocol in respect of evictions relating to rent arrears

Private residential tenancies: pre-action protocol

46

(b) the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.

,

(6) Regulations under sub-paragraph (4)(b) may make provision about— (a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy), (b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy, (c) such other matters as the Scottish Ministers consider appropriate.

.

Assured tenancies: pre-action protocol

47

(b) the extent to which the landlord has complied with the pre-action protocol specified by the Scottish Ministers in regulations.

,

(9) Regulations under subsection (4A)(b) may make provision about— (a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy), (b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy, (c) such other matters as the Scottish Ministers consider appropriate. (10) Regulations under subsection (4A)(b) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

.

Saving and transitional provision

Tenancies: saving provision

48

Tenancies: transitional provision

49

Part 5 — Temporary justice measures

Temporary provisions

The measures

50

The schedule contains temporary modifications to the law.

Power to suspend and revive

51

Expiry

52

Power to bring expiry forward

53

The Scottish Ministers may by regulations provide that any provision in the schedule—

Regulations under this Part

54

Supporting provisions

Criminal procedure time limits: consequential modifications

55

(10) In this section a reference to the period specified in section 65(1)(b) or section 65(4)(b)(ii) is to be construed as including that period as extended.

.

(10) In this section a reference to the period specified in section 65(1)(b) or section 65(4)(aa)(ii) is to be construed as including that period as extended.

.

Criminal procedure time limits: transitional and saving provision

56

Effect of early release from prison or young offenders institution by virtue of regulations

57
Status of person immediately before release Provision of the 1993 Act by virtue of which the person is deemed to have been released
A short-term prisoner section 1(1)
A long-term prisoner section 1(3)
A person serving a term of imprisonment or detention imposed on a basis mentioned in section 5(1)(a) or (b) of the 1993 Act (fine defaulters and persons in contempt of court) and who is, for any purpose, to be treated as a short-term prisoner by virtue of that section section 1(1), construed as required by section 5(2)
A person serving a term of imprisonment or detention imposed on a basis mentioned in section 5(1)(a) or (b) of the 1993 Act and who is, for any purpose, to be treated as a long-term prisoner by virtue of that section section 1(3), construed as required by section 5(2)
A person detained— a under section 208 of the Criminal Procedure (Scotland) Act 1995 (detention of children convicted on indictment), or b in pursuance of an order under section 7(3) of the 1993 Act (children detained in solemn proceedings) section 7(2)

Part 6 — Final provisions

Ancillary provision

58

Commencement

59
Day Provision
Day after Royal Assent Sections 58, 59, and 60
1 September 2022 Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 51 and 54
24 September 2022 Sections 4 and 26
1 October 2022 Sections 18, 19, 20, 21, 23, 24, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 55, 56 and 57, and the schedule
1 November 2022 Sections 22 and 42

Short title

60

The short title of this Act is the Coronavirus (Recovery and Reform) (Scotland) Act 2022.

Schedule

Part 1 — Courts and tribunals: conduct of business by electronic means etc.

Chapter 1 — Documents

Electronic signing

1

Sending electronically and to a solicitor

2

Documents to which paragraphs 1 and 2 apply

3

directs that it is not.

Intimation etc. on Scottish Courts and Tribunals Service website

4

may be fulfilled instead by the document’s being made publicly available through the Scottish Courts and Tribunals Service website.

has directed that sub-paragraph (1) does not apply to.

Interpretation of Chapter

5

In this Chapter—

Chapter 2 — Attending a court or tribunal

Suspension of requirement for physical attendance in non-criminal proceedings, criminal trials and certain processes

6

before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

for the purpose of any proceedings before a court or tribunal or an office holder of a court or tribunal.

Suspension of requirement for physical attendance in criminal proceedings, excluding trials and certain processes

7

before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

Attending by electronic means

8

before taking a decision about any other matter at the hearing, other than a decision to adjourn, a decision in respect of a motion for a direction under paragraph 6 or 7 or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

General directions under paragraph 8

9

Chapter 3 — Further provision

Publication of directions and guidance

10

A person who issues any of the following must make it publicly available for so long as it has effect—

Transitional provision for directions under earlier enactment

11
Provision of schedule 4 of the Coronavirus (Scotland) Act 2020 under which the direction was issued Provision of this Part under which the direction is to be treated as having been issued
paragraph 1(5) paragraph 3(2)
paragraph 1A(2) paragraph 4(2)
paragraph 1A(3)(a) paragraph 4(3)(a)
paragraph 2(1) paragraph 6(2)
paragraph 2(3) paragraph 6(4)
paragraph 3(1) paragraph 8(1)

Interpretation of Part

12

In this Part—

Part 2 — Fiscal fines

Increase of maximum penalty

13

New scale

14

Schedule

Level on the scale Amount of fixed penalty
1 £50
2 £75
3 £100
4 £150
5 £200
6 £250
7 £300
8 £400
9 £500

.

Part 3 — Failure to appear before court following police liberation

Power for court to reschedule due to coronavirus

15

(29A) (1) A court may modify the terms of an undertaking given under section 25(2)(a) by changing the time specified as the time at which the person is to appear at the court if— (a) the person has failed to appear as required by the terms of the undertaking, (b) the court considers that the failure to appear is attributable to a reason relating to coronavirus, and (c) the court does not consider it appropriate to grant a warrant for the person’s arrest on account of the failure to appear. (2) Where a court modifies the terms of an undertaking under subsection (1), the procurator fiscal must give notice of the modification to the person who gave the undertaking as soon as reasonably practicable. (3) Notice under subsection (2) must be effected in a manner by which citation may be effected under section 141 of the 1995 Act. (4) The reference in subsection (1) to the terms of an undertaking are to the terms of the undertaking subject to any modification by notice under section 27(1). (5) A reference in any enactment to the terms of an undertaking being modified by notice under section 27(1) includes their being modified under subsection (1). (6) In subsection (1)(b), “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

.

Part 4 — National jurisdiction for callings from custody etc.

Ability to take calling in any sheriff court and then maintain proceedings

16

Ability of any sheriff court to deal with proceedings following failure to appear

17

unless, and until the end of the diet at which, the accused person tenders a plea of not guilty or confirms that the person is adhering to a previously tendered plea of not guilty and (in either case) that plea is not accepted by the prosecutor.

Further provision about extra-territorial jurisdiction

18

Interpretation of Part

19

Part 5 — Criminal procedure time limits

Chapter 1 — Extension of periods

Solemn proceedings: periods within which procedural hearings and trial must commence

20

Summary proceedings: period within which prosecution for statutory offence must commence

21

Pre-trial and pre-sentence remand period

22

Chapter 2 — Adjournment periods

Power of court to adjourn cases

23

Part 6 — Proceeds of crime

Making of confiscation order: postponement due to coronavirus

24

(4A) For the purpose of subsection (4), “exceptional circumstances”, in relation to proceedings, includes the effect (whether direct or indirect) of coronavirus on the proceedings.

,

(12) In subsection (4A), “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

.

Part 7 — Prisons and young offenders institutions

Power to release early

25

Parliamentary scrutiny of regulations under paragraph 25

26

Public health protection measures

International travel regulations

Meaning of “premises”

Arrangements for vaccination and immunisation

Interpretation of Chapter

Duty to have regard to public health advice

Guidance on public health measures

Regulations on continuing operation of educational establishments

Regulations on school boarding accommodation

Regulations on student accommodation

Compliance and enforcement

Procedure for regulations

Regulations: public health declarations

Regulations: further provision about public health declarations

Review of regulations

Duty to seek views about regulations

Report on public schools’ readiness for remote learning

School consultations: meetings and documents

Bankruptcy: service of documents

Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

Bankruptcy: remote meetings of creditors

Bank arrestments: protected minimum balance

Period of moratorium on diligence

Power to amend period of moratorium on diligence

Giving information of particulars of birth remotely

Funeral director giving information of particulars of death

Giving information of particulars of death remotely

Regulations under the 1965 Act

Power to make a register electronic

Civic licensing: how hearings may be held

Civic licensing: how notices may be published

Alcohol licensing: how hearings may be held

Electronic submission of copies of deeds and writs to Registers of Scotland

Register of Inhibitions: electronic signature of documents

Claim for interim payment of fees and outlays

Freedom of information: giving notice electronically

Mental health: removal of need for witnessing of signature of nominated person

Care services: giving of notices by SCSWIS

Disapplication of physical presence requirements

Custody officers’ functions

Chairperson’s functions

Members of children’s hearings

Private residential tenancies: discretionary eviction grounds

Assured tenancies: discretionary eviction grounds

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

Private residential tenancies: pre-action protocol

Assured tenancies: pre-action protocol

Tenancies: saving provision

Tenancies: transitional provision

The measures

Power to suspend and revive

Expiry

Power to bring expiry forward

Regulations under this Part

Criminal procedure time limits: consequential modifications

Criminal procedure time limits: transitional and saving provision

Effect of early release from prison or young offenders institution by virtue of regulations

Ancillary provision

Commencement

Short title

Editorial notes

[^key-0210782b434ea6120421466a1fcf6b3e]: S. 47 in force at 1.10.2022, see s. 59(1)

[^key-08c24a28941a0a880c4e0a950b835ad8]: Sch. para. 7 in force at 1.10.2022, see s. 59(1)

[^key-0a5e7d9f7d0a682b32f44547d30c40bd]: S. 27(1)(3)(5) in force at 24.9.2022, see s. 59(3)(b)

[^key-0ad5e0b6bb2653601ca6f08a5203ce54]: S. 43 in force at 1.10.2022, see s. 59(1)

[^key-0ce5e79fcd912539798d0e6767050f45]: Sch. para. 26 in force at 1.10.2022, see s. 59(1)

[^key-0e7b96fcf15f44588bcf871a6981c0f1]: S. 25(6)(7) in force at 1.9.2022 for specified purposes, see s. 59(2)(a)(i)

[^key-14ded17a0d9d56da7c89944d680edacc]: S. 34 in force at 1.10.2022, see s. 59(1)

[^key-1b281708c103148704d88ba64abb9521]: Sch. para. 5 in force at 1.10.2022, see s. 59(1)

[^key-1bfec23a2b64933b9f9b66beb7ebb9c3]: Sch. para. 16 in force at 1.10.2022, see s. 59(1)

[^key-1f18d72e6a7f64455278a4ccce451460]: Sch. para. 1 in force at 1.10.2022, see s. 59(1)

[^key-1f72628843e95d1a33958151b93a8eeb]: S. 25(6)(7) in force at 24.9.2022 in so far as not already in force, see s. 59(2)(a)(ii)

[^key-20d1eb50a0449bf12ff0cb0b84b64408]: S. 5 in force at 1.9.2022, see s. 59(1)

[^key-20ee16885c58fbdef008467d9a451557]: S. 23 in force at 1.10.2022, see s. 59(1)

[^key-21b71a90f38f6b64825314efcc202eb9]: S. 27(2)(4)(6) in force at 24.9.2022 in so far as not already in force, see s. 59(3)(a)(ii)

[^key-22b47fcdc1eea57124f6ad8b5b53a1b2]: S. 35 in force at 1.10.2022, see s. 59(1)

[^key-26d64d3137bcbad9ccef2d972255bf8e]: Sch. para. 17 in force at 1.10.2022, see s. 59(1)

[^key-31000cdaa24fab62ecf21ce30e2f42d7]: S. 36 in force at 1.10.2022, see s. 59(1)

[^key-33546dd3ea3c3aa36ee29a37d43a00a7]: S. 38 in force at 1.10.2022, see s. 59(1)

[^key-34f3585befd8adca5f81edcc4f8fb9ae]: S. 45 in force at 1.10.2022, see s. 59(1)

[^key-36e4bd491570b6163d19f2a481feee60]: S. 48 in force at 1.10.2022, see s. 59(1)

[^key-4598bf401494285cbadd4ca0963c61b4]: S. 14 in force at 1.9.2022, see s. 59(1)

[^key-45c915495709343bab9caaf4d135eb5f]: S. 17 not in force at Royal Assent, see s. 59(4)

[^key-4e0ec966cd67b1c950480fef73fe2b6c]: Sch. para. 14 in force at 1.10.2022, see s. 59(1)

[^key-4f586315165466a61204ccedd519b68a]: S. 41 in force at 1.10.2022, see s. 59(1)

[^key-53c68f4f89d198927702e116a66e1d3d]: Sch. para. 18 in force at 1.10.2022, see s. 59(1)

[^key-59833ba2bfb075e92215fffdb2e7ec88]: S. 10 in force at 1.9.2022, see s. 59(1)

[^key-5fcce46429defab31536240c4e81f42c]: S. 20 in force at 1.10.2022, see s. 59(1)

[^key-60d47f4599270bfac58a1ff3db20b108]: S. 12 in force at 1.9.2022, see s. 59(1)

[^key-60e8c57690ce5146a128c6f05203a511]: S. 60 in force at 11.8.2022, see s. 59(1)

[^key-629425d015de4c34f04b5de6499e9b1e]: Sch. para. 19 in force at 1.10.2022, see s. 59(1)

[^key-62b03c133752bbb784d8f5aeb34f4fb9]: S. 16 not in force at Royal Assent, see s. 59(4)

[^key-699b46ef53c45daaa190321876af72af]: S. 55 in force at 1.10.2022, see s. 59(1)

[^key-6bd9cb969562a6f2ef516c4858b07424]: Sch. para. 22 in force at 1.10.2022, see s. 59(1)

[^key-6e87c5662f241f73e96a6d4c600000a4]: S. 58 in force at 11.8.2022, see s. 59(1)

[^key-71c42f6591d9c53de0197d29974eb4a6]: S. 25(1)-(5)(8) in force at 24.9.2022, see s. 59(2)(b)

[^key-72b1e520c6f96b67cba46330851add29]: S. 9 in force at 1.9.2022, see s. 59(1)

[^key-79077d0a9174ad6ac829a08d7e4a245a]: S. 46 in force at 1.10.2022, see s. 59(1)

[^key-79dc008e79de66fcffa4cb28a6f4a99a]: S. 26 in force at 24.9.2022, see s. 59(1)

[^key-7fb65264fff4fd1365d6f5db609ec2cb]: Sch. para. 23 in force at 1.10.2022, see s. 59(1)

[^key-812fbe94da167dbd7151081f5e28442f]: S. 21 in force at 1.10.2022, see s. 59(1)

[^key-827161ab5588d1d562fd1af85c87c95f]: Sch. para. 4 in force at 1.10.2022, see s. 59(1)

[^key-831fbd50af6f287dd7350db5ef224b83]: Sch. para. 11 in force at 1.10.2022, see s. 59(1)

[^key-846d58dab3339796e5276a19cfa8fb06]: Sch. para. 3 in force at 1.10.2022, see s. 59(1)

[^key-8ab1366d60bba7a8f19a5a5bf1744ffc]: Sch. para. 10 in force at 1.10.2022, see s. 59(1)

[^key-8e013a41298e10aa5c2674f1e3eafb6d]: Sch. para. 21 in force at 1.10.2022, see s. 59(1)

[^key-8e12b38c736057be332b3a05e013ae0f]: Sch. para. 6 in force at 1.10.2022, see s. 59(1)

[^key-8f0a6957215fccf115c49a61ad25c2ca]: S. 15 in force at 1.9.2022, see s. 59(1)

[^key-90382b31bd356a7d171e4fcb048242c2]: S. 3 in force at 1.9.2022, see s. 59(1)

[^key-919ad32a3a9386492f47643f9548baf9]: S. 28 not in force at Royal Assent, see s. 59(4)

[^key-92c4dee16e5417a568ce802c531bf20c]: S. 56 in force at 1.10.2022, see s. 59(1)

[^key-92ec91ace1abe1fbad17f3554768efa4]: S. 29 not in force at Royal Assent, see s. 59(4)

[^key-948771a45f53db06e17c26499c865fac]: S. 4 in force at 24.9.2022, see s. 59(1)

[^key-9868d4815b7417effe2701258567b22d]: S. 52 in force at 1.10.2022, see s. 59(1)

[^key-9bd5722b3d663c03784f33efc2a8aa24]: S. 13 in force at 1.9.2022, see s. 59(1)

[^key-9cf3e6f63e8cff4ca347eb1bec56f185]: Sch. para. 24 in force at 1.10.2022, see s. 59(1)

[^key-9e64fabdf004dd5e0ec5d707b9d73819]: Sch. para. 12 in force at 1.10.2022, see s. 59(1)

[^key-9f3e838e0a5b6aed96b78c7ca3f47d0f]: S. 8 in force at 1.9.2022, see s. 59(1)

[^key-a25db04e64dddc58d6b04ada6ad0a08c]: S. 27(2)(4)(6) in force at 1.9.2022 for specified purposes, see s. 59(3)(a)(i)

[^key-aa3299d16c3ebbbd1d05cf737af8032f]: S. 59 in force at 11.8.2022, see s. 59(1)

[^key-add8b66a28764f8de045d2c4374f0069]: S. 49 in force at 1.10.2022, see s. 59(1)

[^key-b0d5aace0410c381ec716386f82f22b0]: S. 7 in force at 1.9.2022, see s. 59(1)

[^key-b23e7bd5e2dc606865007b9282cf5d13]: S. 44 in force at 1.10.2022, see s. 59(1)

[^key-b323424cfacfe257b13aaf852ef29c16]: S. 53 in force at 1.10.2022, see s. 59(1)

[^key-b4f5e7b0b7afc4a609e59b0229c36635]: S. 32 in force at 1.10.2022, see s. 59(1)

[^key-b5319e2e7e7f0bcd1d240546f06956aa]: S. 40 in force at 1.10.2022, see s. 59(1)

[^key-b5e5de1220eca93755a3c801d0e286e5]: S. 57 in force at 1.10.2022, see s. 59(1)

[^key-bafb790cc1cf6e4f3223de202462eefe]: S. 19 in force at 1.10.2022, see s. 59(1)

[^key-bc3aa67b8593d47cc49fb5e80e07e693]: S. 18 in force at 1.10.2022, see s. 59(1)

[^key-bf37a60ad16b56704290d73f33d41a76]: Sch. para. 15 in force at 1.10.2022, see s. 59(1)

[^key-c4c8c7f55ff3e374f403a63cf71022e6]: Sch. para. 8 in force at 1.10.2022, see s. 59(1)

[^key-c5903c7374559911fb2a9eae64413720]: S. 54 in force at 1.9.2022, see s. 59(1)

[^key-cb15264076ecba4ebcbbcb9e9d62bd88]: S. 39 in force at 1.10.2022, see s. 59(1)

[^key-ce1ebd537cf05751ec89057b4ada3f35]: Sch. para. 20 in force at 1.10.2022, see s. 59(1)

[^key-d357bff78dad847de76e0ca4db044e80]: S. 24 in force at 1.10.2022, see s. 59(1)

[^key-db864c1b7ab6ba2bd650491b5fd310c3]: S. 6 in force at 1.9.2022, see s. 59(1)

[^key-ddab92804721d83401e3e5484cfa2f99]: S. 11 in force at 1.9.2022, see s. 59(1)

[^key-de8401b8c6533a7c11f3a692d7d62b65]: S. 31 in force at 1.10.2022, see s. 59(1)

[^key-df91d9c267a970917f72fdf5a7db7e8e]: S. 42 in force at 1.11.2022, see s. 59(1)

[^key-dfb98d11063c0bcbfd8bb2d6dfd836a4]: Sch. para. 9 in force at 1.10.2022, see s. 59(1)

[^key-e2bba5f26501c59ecf15c5b5b0dc89bc]: Sch. para. 25 in force at 1.10.2022, see s. 59(1)

[^key-e360b750465c22c9078512b356f7febf]: S. 33 in force at 1.10.2022, see s. 59(1)

[^key-e9dba52460a616846f0f2f65a95d6c75]: S. 1 in force at 1.9.2022, see s. 59(1)

[^key-ea94c0e731db93f5ad305885fdc38007]: S. 2 in force at 1.9.2022, see s. 59(1)

[^key-ef52056b451c6a0331f55c6c5c3c73d1]: S. 51 in force at 1.9.2022, see s. 59(1)

[^key-f1a7a17a1b6cf838225a538364d048da]: Sch. para. 13 in force at 1.10.2022, see s. 59(1)

[^key-f3412f49e347edc124405dfd2829f896]: S. 22 in force at 1.11.2022, see s. 59(1)

[^key-f450f5d781fe4640e614f1ea085fc61f]: S. 50 in force at 1.10.2022, see s. 59(1)

[^key-f519b8517e34a1883720dee234302458]: S. 30 in force at 1.10.2022, see s. 59(1)

[^key-f635900e74c0090087749aea5d32bb28]: S. 37 in force at 1.10.2022, see s. 59(1)

[^key-fa9ba0761dd636dd90d945a16c486cc8]: Sch. para. 2 in force at 1.10.2022, see s. 59(1)

Funeral director giving information of particulars of death

Giving information of particulars of death remotely

Regulations under the 1965 Act

Power to make a register electronic

Civic licensing: how hearings may be held

Civic licensing: how notices may be published

Electronic submission of copies of deeds and writs to Registers of Scotland

Register of Inhibitions: electronic signature of documents

Claim for interim payment of fees and outlays

Freedom of information: giving notice electronically

Mental health: removal of need for witnessing of signature of nominated person

Care services: giving of notices by SCSWIS

Disapplication of physical presence requirements

Custody officers’ functions

Chairperson’s functions

Members of children’s hearings

Private residential tenancies: discretionary eviction grounds

Assured tenancies: discretionary eviction grounds

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

Private residential tenancies: pre-action protocol

Assured tenancies: pre-action protocol

Tenancies: saving provision

Tenancies: transitional provision

The measures

Power to suspend and revive

Expiry

Power to bring expiry forward

Regulations under this Part

Criminal procedure time limits: consequential modifications

Criminal procedure time limits: transitional and saving provision

Effect of early release from prison or young offenders institution by virtue of regulations

Ancillary provision

Commencement

Short title

Public health protection measures

International travel regulations

Meaning of “premises”

Arrangements for vaccination and immunisation

Interpretation of Chapter

Duty to have regard to public health advice

Guidance on public health measures

Regulations on continuing operation of educational establishments

Regulations on school boarding accommodation

Regulations on student accommodation

Compliance and enforcement

Procedure for regulations

Regulations: public health declarations

Regulations: further provision about public health declarations

Review of regulations

Duty to seek views about regulations

Report on public schools’ readiness for remote learning

School consultations: meetings and documents

Bankruptcy: service of documents

Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

Bank arrestments: protected minimum balance

Period of moratorium on diligence

Power to amend period of moratorium on diligence

Giving information of particulars of birth remotely

Funeral director giving information of particulars of death

Giving information of particulars of death remotely

Regulations under the 1965 Act

Power to make a register electronic

Civic licensing: how hearings may be held

Civic licensing: how notices may be published

Alcohol licensing: how hearings may be held

Electronic submission of copies of deeds and writs to Registers of Scotland

Register of Inhibitions: electronic signature of documents

Claim for interim payment of fees and outlays

Freedom of information: giving notice electronically

Mental health: removal of need for witnessing of signature of nominated person

Care services: giving of notices by SCSWIS

Disapplication of physical presence requirements

Custody officers’ functions

Chairperson’s functions

Members of children’s hearings

Private residential tenancies: discretionary eviction grounds

Assured tenancies: discretionary eviction grounds

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

Private residential tenancies: pre-action protocol

Assured tenancies: pre-action protocol

Tenancies: saving provision

Tenancies: transitional provision

The measures

Power to suspend and revive

Expiry

Power to bring expiry forward

Regulations under this Part

Criminal procedure time limits: consequential modifications

Criminal procedure time limits: transitional and saving provision

Effect of early release from prison or young offenders institution by virtue of regulations

Ancillary provision

Commencement

Short title

Power to make a register electronic

Civic licensing: how hearings may be held

Civic licensing: how notices may be published

Electronic submission of copies of deeds and writs to Registers of Scotland

Register of Inhibitions: electronic signature of documents

Claim for interim payment of fees and outlays

Freedom of information: giving notice electronically

Mental health: removal of need for witnessing of signature of nominated person

Care services: giving of notices by SCSWIS

Disapplication of physical presence requirements

Chairperson’s functions

Members of children’s hearings

Private residential tenancies: discretionary eviction grounds

Assured tenancies: discretionary eviction grounds

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

Private residential tenancies: pre-action protocol

Assured tenancies: pre-action protocol

Tenancies: saving provision

Tenancies: transitional provision

The measures

Power to suspend and revive

Power to bring expiry forward

Regulations under this Part

Criminal procedure time limits: consequential modifications

Criminal procedure time limits: transitional and saving provision

Effect of early release from prison or young offenders institution by virtue of regulations

Ancillary provision

Commencement

Short title

Power to bring expiry forward

Regulations under this Part

Criminal procedure time limits: consequential modifications

Criminal procedure time limits: transitional and saving provision

Effect of early release from prison or young offenders institution by virtue of regulations

Ancillary provision

Commencement

Short title