The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 20) Regulations 2021

Made: 15th April 2021

Laid before the Scottish Parliament: 13th May 2021

Coming into force: 16th April 2021

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

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• (1) These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 20) Regulations 2021.

• (2) These Regulations come into force on 16 April 2021.

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

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The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020[^f00002] are amended in accordance with regulations 3 and 4.

Amendment of schedule 4: Level 3 restrictions

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• (1) Schedule 4 (level 3 restrictions) is amended in accordance with this regulation.

• (2) In paragraph 11(1) (restriction on public gatherings outdoors in a Level 3 area)—

• (a) in head (a), for “two” substitute “six”,

• (b) omit head (b).

• (3) In paragraph 12(1) (restriction on gatherings in private dwellings in a Level 3 area)—

• (a) in head (a), for “two” substitute “six”,

• (b) for head (b), substitute—

(b) takes place outdoors and all the persons in the gathering are under 12 years ofage,

• (4) In paragraph 15(2)(v)[^f00003] (examples of reasonable excuse)—

• (a) omit sub-head (ii),

• (b) in sub-head (iii)(cc), omit “,(b)”,

• (c) omit sub-head (iii)(dd),

• (d) after sub-head (iii), insert—

and, (iv) does not involve an overnight stay outwith the area in which the personlives.

Amendment of schedule 5: Level 4 restrictions

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• (1) Schedule 5 (level 4 restrictions) is amended in accordance with this regulation.

• (2) In paragraph 12(1) (restrictions on public gatherings outdoors in a Level 4 area)—

• (a) in head (a)[^f00004]—

• (i) for “4” substitute “6”,

• (ii) for “two” substitute “6”,

• (b) omit head (b)[^f00005].

• (3) For heads (a) and (b) of paragraph 13(1)[^f00006] (restrictions on gatherings in private dwellings in a Level 4 area), substitute—

(a) takes place outdoors and consists of no more than 6 persons from no more than 6 households, (b) takes place outdoors and all the persons in the gathering are under 12 years ofage,

• (4) In paragraph 16(2)(t)[^f00007] (examples of reasonable excuse)—

• (a) omit sub-head (ii),

• (b) in sub-head (iii)(cc), omit “,(b)”,

• (c) omit sub-head (iii)(dd),

• (d) after sub-head (iii), insert—

and, (iv) does not involve an overnight stay outwith the area in which the person lives

Signed

MICHAEL RUSSELL — A member of the Scottish Government — 15th April 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the Local Levels Regulations”). The Regulations come into force on 16 April 2021.

Regulation 3 amends schedule 4 of the Local Levels Regulations (level 3 restrictions).

Regulation 3(2) amends paragraph 11, to increase the number of adults who can gather outdoors in a public place.

Regulation 3(3) amends paragraph 12, to increase the number of adults who can gather in private dwellings outdoors.

Regulation 3(4) relates to outdoor exercise or outdoor recreation as examples of a reasonable excuse for entering or leaving a Level 3 area. Paragraph 15 is amended so that the condition that outdoor exercise or recreation must start and end at the same place, which must be in the local government area in which the person lives, or within 5 miles of that area, no longer applies in order for the reasonable excuse to be available. The outdoor exercise or recreation cannot involve an overnight stay outwith the area in which the person lives. Paragraph 15 is further amended so that the reasonable excuse of entering or leaving a Level 3 area for the purposes of outdoor organised sport or an organised activity is not available unless the organised sport or activity is for persons under the age of 18.

Regulation 4 amends schedule 5 of the Local Levels Regulations (level 4 restrictions).

Regulation 4(2) amends paragraph 12, to increase the number of adults who can gather outdoors in a public place.

Regulation 4(3) amends paragraph 13, to increase the number of adults who can gather in a private dwelling outdoors.

Regulation 4(4) relates to outdoor exercise or outdoor recreation as examples of a reasonable excuse for entering or leaving a Level 4 area. Paragraph 16 is amended so that the condition that outdoor exercise or recreation must start and end at the same place, which must be in the local government area in which the person lives, or within 5 miles of that area no longer, applies in order for the reasonable excuse to be available. The outdoor exercise or recreation cannot involve an overnight stay outwith the area in which the person lives. Paragraph 16 is further amended so that the reasonable excuse of entering or leaving a Level 4 area for the purposes of outdoor organised sport is not available unless the organised sport is for persons under the age of 18.

Footnotes

[^f00001]: 2020 c.7.

[^f00002]: S.S.I. 2020/344, last amended by S.S.I. 2021/180.

[^f00003]: Paragraph 15 was inserted by S.S.I. 2020/389 and head (v) was substituted by S.S.I. 2021/136.

[^f00004]: Paragraph 12(1)(a) was substituted by S.S.I. 2021/136.

[^f00005]: Paragraph 12(1)(b) was inserted by S.S.I. 2021/136.

[^f00006]: Paragraph 13(1) was amended by S.S.I. 2021/136.

[^f00007]: Paragraph 16(1)(t) was substituted by S.S.I. 2021/136.