Coronavirus (Extension and Expiry) (Scotland) Act 2021
| Jurisdiction | Scotland |
| Citation | 2021 asp 19 |
| Year | 2021 |
Coronavirus (Extension and Expiry) (Scotland) Act 2021
2021 asp 19
An Act of the Scottish Parliament to extend the period for which Part 1 of the Coronavirus (Scotland) Act 2020 and Part 1 of the Coronavirus (Scotland) (No.2) Act 2020 are in force; to provide for the expiry of certain provisions of those Parts; and for connected purposes.
[04 August 2021]
1 Extension of provisions
(1) Section 12 of the Coronavirus (Scotland) Act 2020 is amended in accordance with subsections (2)and (3).
(2) In subsection (1), for “on 30 September 2021” substitute “at the end of 31 March 2022”.
(3) For subsections (3) and (4), substitute—
(3) The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “30 September 2022”.”.
(4) Section 9 of the Coronavirus (Scotland) (No.2) Act 2020 is amended in accordance with subsections (5)and (6).
(5) In subsection (1), for “on 30 September 2021” substitute “at the end of 31 March 2022”.
(6) For subsections (3) and (4), substitute—
(3) The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “30 September 2022”.”.
2 Expiry of provisions
(1) The provisions of the Coronavirus (Scotland) Act 2020 referred to in subsections (2)to (7)expire at the end of 30 September 2021.
(2) In schedule 2, paragraphs 2 and 3 (moratorium on diligence: multiple applications).
(3) Schedule 3 (children and vulnerable adults).
(4) In schedule 4—
(a)
(a) paragraph 11 (exceptions to the rule that hearsay evidence is inadmissible),
(b)
(b) paragraph 12 (community payback orders: extension of unpaid work or other activity requirements),
(c)
(c) paragraph 14 (community orders: postponement),
(d)
(d) in paragraph 15 (community orders: variation)—
(i) in sub-paragraph (1), the words “and drug treatment and testing orders”,
(ii) in sub-paragraph (6), the words “or drug treatment and testing order”.
(5) In paragraph 4 of schedule 5 (alcohol licensing: licensing boards etc.), sub-paragraph (5)(d).
(6) In schedule 6—
(a)
(a) paragraph 6 (freedom of information: Commissioner's ability to take account of impact of coronavirus),
(b)
(b) paragraph 13 (grounds for exclusion of the public from meetings of local authorities),
(c)
(c) paragraph 15 (duties under the Public Finance and Accountability (Scotland) Act 2000).
(7) In schedule 7—
(a)
(a) paragraphs 1 and 5 (social security: period for re-determination of entitlement),
(b)
(b) paragraphs 23 to 30 (scrutiny of subordinate legislation in urgent cases).
(8) The following provisions of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 expire at the end of 30 September 2021—
(a)
(a) in paragraph 3 (termination of student residential tenancy by tenant: requirements for notice)—
(i) sub-paragraph (2)(b)(i),
(ii) in sub-paragraph (2)(b)(ii), the words “in any other case,”,
(iii) sub-paragraphs (3) and (4),
(b)
(b) paragraph 6 (carer’s allowance supplement),
(c)
(c) paragraph 24 (marriages and civil partnerships during emergency period).
(9) For the purpose of section 13(1) of the Coronavirus (Scotland) Act 2020, the expiry of a provision of that Act by virtue of this section is to be treated as if it were by virtue of previous regulations under section 13(1) of that Act.
(10) For the purpose of section 10(1) of the Coronavirus (Scotland) (No.2) Act 2020, the expiry of a provision of that Act by virtue of this section is to be treated as if it were by virtue of previous regulations under section 10(1) of that Act.
3 Suspension of provisions
(1) The operation of paragraphs 22 and 23 (care homes: inspections and reporting on coronavirus deaths) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 is suspended at the end of 30 September 2021.
(2) For the purpose of section 8(1)(b) and (2) of the Coronavirus (Scotland) (No.2) Act 2020, the suspension by virtue of subsection (1) is to be treated as if it were by virtue of section 8(1)(a) of that Act.
4 Notice of changes to coronavirus related measures
(1) The Scottish Ministers must, at least 24 hours before the proposed change would come into effect, lay before the Scottish Parliament a statement notifying it of any proposal to change a measure put in place by them to respond to the effect of the spread or incidence of coronavirus under—
(a)
(a) the Coronavirus (Scotland) Act 2020, or
(b)
(b) the Coronavirus (Scotland) (No.2) Act 2020.
(2) Subsection (1) does not apply if the Scottish Ministers consider that there are reasons of urgency which mean that it is not possible to comply with the requirement imposed by that subsection.
(3) Where the Scottish Ministers rely on subsection (2), they must as soon as possible lay before the Scottish Parliament a statement explaining the circumstances.
(4) In this section, “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020.
5 Report on certain matters relating to Act
(1) The Scottish Ministers must no later than one month after the day of Royal Assent lay before the Scottish Parliament a report of—
(a)
(a) progress being made towards marriage ceremonies and civil partnership registrations and associated celebratory events being able to be held without restrictions arising from the spread or incidence of coronavirus,
(b)
(b) their view of the effect of this Act on—
(i) the measures in place to help businesses to deal with the effects of disruption attributable to coronavirus,
(ii) live music and live music venues,
(iii) social security support available for carers,
(iv) support available to persons who are required to self-isolate for a reason relating to coronavirus, and
(v) social care services, and
(c)
(c) the use of fiscal fines (that is, conditional offers of fixed penalties under section 302 of the Criminal Procedure (Scotland) Act 1995) during the period beginning on 7 April 2020 and ending on the day of Royal Assent.
(2) The report must in particular include—
(a)
(a) information on the restrictions remaining in place as respects the holding of marriage ceremonies and civil partnership registrations and associated celebratory events,
(b)
(b) information on the measures in place to help businesses deal with the effect of disruption attributable to coronavirus and any plans for further measures the Scottish Ministers propose to put in place to help businesses,
(c)
(c) information on the social security support to help carers put in place for a reason related to coronavirus and any plans for further social security support to help carers the Scottish Ministers propose to put in place for such a reason,
(d)
(d) information on the support available to persons who are required to self-isolate for a reason relating to coronavirus and any plans for further support for such persons the Scottish Ministers propose to put in place,
(e)
(e) information on the measures in place to restore social care services to their level as at 1 March 2020 and any plans for further measures the Scottish Ministers propose to put in place to secure this, and
(f)
(f) information on—
(i) the numbers of fiscal fines issued for each level on the scale during the period mentioned in subsection (1)(c), and
(ii) the numbers of fiscal fines issued for each level of the scale in the period ending on 6 April 2020 which is of the same length as the period mentioned in subsection (1)(c).
(3) In this section—
“” has the meaning given by section 1 of the Carers (Scotland) Act 2016,
“” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020,
“” means the scale in the schedule of the Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 ( S.S.I. 2008/108) (as it had effect at the time).
6 Reporting on status of eviction provisions
(1) Each report required by section 15(1) of the Coronavirus (Scotland) Act 2020 must also include information on the operation during the period to which the report relates of ...
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