The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020

Made: at 12.20 p.m. on 17th December 2020

Laid before the Scottish Parliament: at 3.30 p.m. on 17th December 2020

Coming into force: at 6.00 p.m. on 18th December 2020

The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraphs 1(1) of schedule 19 of the Coronavirus Act 2020 (“the Act”) and all other powers enabling them to do so.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.

The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by, a resolution of the Scottish Parliament.

Citation and commencement

1

These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 and come into force at 6.00 p.m. on 18 December 2020.

Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

2

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 are amended in accordance with regulations 3 to 6.

Amendment to modification of the restrictions in certain areas

3

In regulation 3A (modification of the restrictions in certain areas) after paragraph (2) insert—

(3) In its application in relation to the area mentioned in paragraph (4), paragraph 13 of schedule 3 (restrictions on gatherings in private dwellings in a level 2 area) has effect as if— (a) before sub-paragraph (1)(a) there is inserted— (zb) takes place indoors and consists of no more than six persons from no more than two households, (b) after sub-paragraph (1) there is inserted— (1A) For the purpose of sub-paragraph (1)(zb), children under 12 years of age are not to be included when counting the number of people attending a gathering but are to be included when counting the number of households attending a gathering. (4) The area is the area specified in entry 20 in the table in schedule 6 (Argyll and Bute) but for the purpose of this regulation that area is limited to the following islands— (a) the Isle of Coll, (b) the Isle of Colonsay, (c) the Isle of Erraid, (d) the Isle of Gometra, (e) the Isle of Iona, (f) the Isle of Islay, (g) the Isle of Jura, (h) the Isle of Mull, (i) the Isle of Oronsay, (j) the Isle of Tiree, and (k) the Isle of Ulva.

Amendment to restriction on gatherings in private dwellings in a Level 0 area

4

In schedule 1 (level 0 restrictions), in paragraph 8(1)(d) (restriction on gatherings in private dwellings in a level 0 area) for “relates to” substitute “ is ”.

Amendment to restriction on gatherings in private dwellings in a Level 1 area

5

In schedule 2 (level 1 restrictions), in paragraph 9(1)(d) (restriction on gatherings in private dwellings in a level 1 area) for “relates to” substitute “ is ”.

Changes to levels of areas

6

• (1) In the table in schedule 6 (areas), in column 3 (level of area), in each of the entries mentioned in paragraph (2), for “2” substitute “ 3 ”.

• (2) The entries are 11 (Aberdeen City), 12 (Aberdeenshire) and 23 (East Lothian).

Amendment of the Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

MICHAEL RUSSELL — A member of the Scottish Government

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2020 c.7.

[^f00002]: S.S.I. 2020/344, amended by S.S.I. 2020/347, S.S.I. 2020/374, S.S.I. 2020/389, S.S.I. 2020/392, S.S.I. 2020/400, S.S.I. 2020/415 and S.S.I. 2020/427.

[^f00003]: S.S.I. 2020/425.

[^f00004]: 2001 asp 10. Subsection (5A) was inserted by section 153(a) of the Housing (Scotland) Act 2010 (asp 17).

Editorial notes

[^c24386831]: 2020 c.7.

[^c24386841]: S.S.I. 2020/344, amended by S.S.I. 2020/347, S.S.I. 2020/374, S.S.I. 2020/389, S.S.I. 2020/392, S.S.I. 2020/400, S.S.I. 2020/415 and S.S.I. 2020/427.

[^key-4054df0b5052e1c22f189a7de6dd7ce7]: Reg. 1 in force at 18.12.2020 at 6.00 p.m., see reg. 1

[^key-45868ed36a69cbc75b5378a1282861ed]: Reg. 2 in force at 18.12.2020 at 6.00 p.m., see reg. 1

[^key-48cc7538f8238a58f0cbe0e8bd38337c]: Reg. 3 in force at 18.12.2020 at 6.00 p.m., see reg. 1

[^key-564acddd0adc2a544586eb02f728f85d]: Reg. 4 in force at 18.12.2020 at 6.00 p.m., see reg. 1

[^key-7fd4989a2df22f680822feb8e66e0a7a]: Reg. 5 in force at 18.12.2020 at 6.00 p.m., see reg. 1

[^key-d656c6a0952915d9e9824d15da778637]: Reg. 6 in force at 18.12.2020 at 6.00 p.m., see reg. 1

[^key-de8b69a93071645da222e19b1726d38d]: Reg. 7 omitted (22.1.2021) by virtue of The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(3), 14(2)